Fleissner v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Erie county. Action by Frank Fleissner against the New York Central & Hudson River Railroad Company to recover for damages done to plaintiff’s team and wagon. Verdict and judgment for plaintiff. Defendant moved for a new trial, which was denied, and from the judgment, and the order denying the motion, defendant appeals.
1Opinion of the CourtMacomber, J.
The action was brought to recover damages to the plaintiff’s horses and wagon received in a collision with the defendant’s train at the railway crossing on Clinton avenue, in the city of Buffalo, June 22,1889. The plaintiff’s son was engaged in hauling stone from the canal through Cánton avenue, across the defendant’s tracks, to Niagara street. He was a young man 16 years of age, and was well acquainted with the crossing in question. His horses were tractable, and easily managed, and not specially afraid of locomotives. While attempting to cross the tracks of the defendant, going from Niagara…
2Cited by1 opinion
- Moore v. New York Central & Hudson River RailroadNew York Supreme Court · 1891