Lampman v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walter L. Lampman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of" the clerk of the county of Columbia on the 23d day of October, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Columbia Trial Term.
1Dissent
Smith, J. (dissenting):
Upon April 26, 1900, plaintiff was struck by one of defendant’s engines at a highway crossing in the village of Craryville, Columbia county, N. Y. That the defendant failed to give warning, either by bell or whistle, of the approach of this train to the crossing is shown by the evidence of several witnesses, who swear positively that they were listening for such warning and heard none. The fact of the plaintiff’s freedom from contributory negligence was one for the determination of the jury within well-settled authorities. This judgment is sought to be sustained upon…
2Cases cited1 opinion
- Finn v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1899