Moore v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Rensselaer county. Action by John Moore against the New York Central & Hudson River Railroad Company for personal injuries alleged to have been caused by defendant’s negligence. Plaintiff appeals from a judgment of nonsuit. Defendant’s tracks cross First street in the city of Troy diagonally.
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Appeal from circuit court, Rensselaer county. Action by John Moore against the New York Central & Hudson River Railroad Company for personal injuries alleged to have been caused by defendant’s negligence. Plaintiff appeals from a judgment of nonsuit. Defendant’s tracks cross First street in the city of Troy diagonally. Plaintiff, with a friend, approached such tracks from the south, and, standing on the sidewalk, about 15 feet from the track, waited for a train going south to pass, after which they attempted to cross, and plaintiff was struck by a train going north on the other track. Both he…
1Opinion of the CourtPutnam, J.
On the trial, at the close of the plaintiff’s evidence, defendant moved for a nonsuit on the ground that the testimony failed to establish plaintiff’s freedom from contributory negligence. The motion was granted by the court, and from the judgment rendered on such ruling this appeal is taken. Plaintiff, while walking with a friend across the defendant’s track on a highway in the city of Troy, was struck by one of defendant’s engines coming from the south, and injured. The evidence clearly shows that at a point about 15 feet from the track, where plaintiff stood before he was injured, and from…
2Cases cited3 opinions
- Daniels v. Staten Island Rapid Transit Co.New York Court of Appeals · 1891
- Whalen v. New York Central & Hudson River RailroadNew York Supreme Court · 1891
- Fleissner v. New York Central & Hudson River RailroadNew York Supreme Court · 1891