McSweeney v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Patrick B. McSweeney and another, as administrators, etc., of Thomas McSweeney, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 4th day of June, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Orange Trial Term, and also from an order entered in said clerk’s office on the 20th day of June, 1903, denying the plaintiffs’…
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Appeal by the plaintiffs, Patrick B. McSweeney and another, as administrators, etc., of Thomas McSweeney, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 4th day of June, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Orange Trial Term, and also from an order entered in said clerk’s office on the 20th day of June, 1903, denying the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiffs’ intestate was killed by one of the defendant’s trains while endeavoring to cross the Erie railroad at Otisville, in Orange county, at about quarter past five, o’clock on the afternoon of August 28, 1902. He was in a buggy drawn by a single horse, and was accompanied by a lady who was also killed. The evidence does not disclose who was driving. A heavy rainstorm, accompanied by thunder and lightning, had prevailed during the afternoon and was not yet over, although its violence had somewhat abated at the time of the accident. The top of the buggy was up and…
2Cases cited2 opinions
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
3Cited by12 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Crowley v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1927
- Stewart v. Northern Pacific Railway Co.Washington Supreme Court · 1917
- Jones v. RyanAppellate Division of the Supreme Court of the State of New York · 1908
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