Henavie v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment entered December 29, 1899, upon an order of the Appellate Division in the first judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and dismissing the complaint.
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Appeal from a judgment entered December 29, 1899, upon an order of the Appellate Division in the first judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and dismissing the complaint. This action was brought to recover damages alleged to have been sustained through the negligence of the defendant, which resulted, as it is claimed, in the death of the plaintiff’s intestate. The negligence of the defendant was a question of fact, and there was ample evidence requiring its submission to the…
1Opinion of the CourtYann, J.
Upon the trial of this action evidence was given tending to establish the following facts: Eleventh avenue and Forty-fifth street, in the city of Hew York, cross each other substantially at right angles. In the avenue as it crosses Forty-fifth street, and on an even grade therewith, are two railroad tracks belonging to the defendant, upon which engines are run propelled by steam On the 5th of April, 1895, at about half-past nine in the evening, on a clear night, the plaintiff’s intestate, 32 years of age and in the full possession of his faculties so far as appears, started to walk across the…
2Cases cited14 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
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3Cited by4 opinions
- Zibbell v. Southern Pacific Co.California Supreme Court · 1911
- Flanagan v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Hessner v. Delaware & Hudson Railway Co.Appellate Division of the Supreme Court of the State of New York · 1975
- Ward v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903