Wilbur v. Delaware, L. & W. Railroad
New York Supreme Court
Appeal from circuit court, Chemung county. Action by Katherine J. Wilbur, as administratrix of Judd L. Wilbur, against the Delaware, Lackawanna & Western Railroad Company to recover damages for the death of plaintiff’s intestate, caused by the alleged negligence of defendant. From a judgment entered on a verdict in favor of plaintiff for $5,000, and from an order denying a motion for a new trial, made on the minutes, defendant appeals.
1Opinion of the CourtMerwin, J.
The railroad of the defendant, at or near its station at Lowmanville, in the county of Chemung, crosses at nearly right angles a highway which runs nearly north and south. On the 8th day of April, 1893, Mr. Wilbur, the plaintiff’s intestate, in company with one Gardner, was passing northerly along this high*480way in a one-horse covered buggy. Mr. Wilbur sat on the right-hand or easterly side, and was driving. The day was cloudy and rainy, and the top of the buggy was up and the side curtains down. It was about 5 o’clock in the afternoon. The road of the defendant there has two tracks, the space…
2Cases cited10 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Simmons v. . HavensNew York Court of Appeals · 1886
- McGrath v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
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3Cited by1 opinion
- Winn v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901