Wieland v. President of Delaware & Hudson Canal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catherine Fisher Wieland, as administratrix, etc., of Frederick G-. Wieland, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 4th day of September, 1897, upon a nonsuit granted by the court after a trial at the Albany Trial Term, and also from an order entered in said clerk’s office on the 31st day of.
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Appeal by the plaintiff, Catherine Fisher Wieland, as administratrix, etc., of Frederick G-. Wieland, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 4th day of September, 1897, upon a nonsuit granted by the court after a trial at the Albany Trial Term, and also from an order entered in said clerk’s office on the 31st day of. August, 1897, denying the plaintiff’s motion for a new trial made upon the minutes and on affidavits, on the ground of errors committed on the trial and of newly-discovered…
1Opinion of the Court
Merwin, J.:
This action was brought to recover damages for the death of the plaintiff’s husband Occasioned by a collision with a train of defendant at the Rockefeller highway crossing near the village of Normans-ville. There were no eye-witnesses of the accident. At the close of the evidence on the part of the plaintiff the court granted a non-suit, upon the ground that the evidence was not sufficient to carry to the jury the question of contributory negligence.
The accident was-on the 30th of August, 1895, about midday. The highway runs nearly north and south, and the.railroad track crosses it…
2Cases cited7 opinions
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Chisholm v. . StateNew York Court of Appeals · 1894
- 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
- Davis v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Chicago, Lake Shore & South Bend Railway Co. v. DaunIndiana Court of Appeals · 1913
- Wisconsin State AFL-CIO v. Elections BoardDistrict Court, E.D. Wisconsin · 1982
- Brown v. New York Cent. & H. R. R.Appellate Division of the Supreme Court of the State of New York · 1903
- Browne v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
6 more not listed; retrieve them via the Exa API.