Legal Opinion
Martin v. Fonda Railroad
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1929Published
1Opinion of the Court
Judgment and order affirmed, with costs. Davis, Hinman, Whitmyer and Hill, JJ., concur; Van Kirk, P. J., dissents on the ground that plaintiff failed to show that she was free from contributory negligence; she could see the gas car approaching when she was thirty feet from the nearest rail; she was familiar with the crossing. (Raymer v. Rutland R. R. Co., 204 App. Div. 135; Cassidy v. Fonda, J. & G. R. R. Co., 200 id. 241; affd., 234 N. Y. 599; Bowden v. Lehigh Valley R. R. Co., 178 App. Div. 413; affd., 226 N. Y. 648; Avery v. N. Y., O. & W. R. Co., 205 id. 502; Baltimore & Ohio R. R. Co. v.…
2Cases cited5 opinions
- Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
- Cassidy v. . Fonda, Johnstown and Gloversville Rd. Co.New York Court of Appeals · 1922
- Raymer v. Rutland RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Bowden v. . Lehigh Valley Railroad CompanyNew York Court of Appeals · 1919
- Bowden v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1917