Pruey v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 27th day of January, 1898, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 5th day of January, 1898, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 27th day of January, 1898, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 5th day of January, 1898, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff’s intestate was hit by a backing locomotive and tender, in Genesee street, in the city of Utica, on the morning of the 8th of February, 1894. The…
1Opinion of the Court
Spring, J.:
The negligence of the defendant is proved by the undisputed testimony in the case. The morning was dark; the only street light that could be of any service was usually out at this time in the morning; the street crossing was an important one, with eight parallel tracks over it; the defendant’s gates were usually down at this time of day, and yet the locomotive which crashed into Pruey was scudding along backward at twenty miles an hour, without giving any signal of its approach and without any light. Gross carelessness of this kind must be weighed in the balance when we are seeking…
2Cases cited8 opinions
- Chisholm v. . StateNew York Court of Appeals · 1894
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- Noble v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Daniels v. Staten Island Rapid Transit Co.New York Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wieland v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1901
- Fejdowski v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1901
- Irish v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Scheir v. QuirinAppellate Division of the Supreme Court of the State of New York · 1902
- Parsons v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1909
17 more not listed; retrieve them via the Exa API.