Brott v. Auburn & Syracuse Electric Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 21, 1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s testatrix alleged to have been occasioned through the negligence of defendant. The facts, so far as material, are stated in the opinion. The defendant was guilty of negligence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 21, 1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s testatrix alleged to have been occasioned through the negligence of defendant. The facts, so far as material, are stated in the opinion. The defendant was guilty of negligence. (Blaisdell v. Long Island R. R. Co., 152 App. Div. 220; Exton v. Central R. R. Co. of N. J., 62 N. J. L. 7; Payne v. Binghamton…
1Opinion of the CourtChase, J.
The defendant operates a double-track electric railroad on private right of way between Syracuse and Auburn. The railroad runs substantially east and west and crosses numerous public highways at grade. A way station known as Seymour’s Crossing is at a public highway "which the railroad crosses nearly at right angles. Many people are carried by the defendant to and from that station, but its cars only stop there on signal. On the north side of its tracks at that station and on the east side of the beaten part of the highway the defendant has erected a platform about sixteen feet square, and in…
2Cases cited1 opinion
- Mullen v. Schenectady Railway Co.New York Court of Appeals · 1915
3Cited by9 opinions
- Rice v. Michigan Railway Co.Michigan Supreme Court · 1919
- State Ex Rel. Iron Mountain & Southern Railway Co. v. ReynoldsSupreme Court of Missouri · 1920
- Switzer v. City of SeattleWashington Supreme Court · 1930
- Hardin v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Thomson v. AndersonCourt of Appeals for the Eighth Circuit · 1943
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