Curtis v. Hudson Valley Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hudson Valley Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 1st day of November, 1910, upon the verdict of a jury for $18,500, and also from an order entered in said clerk’s office on the 17th day of November, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
A collision occurred at a street crossing between the defendant’s trolley car and the automobile which the plaintiff’s'intestate was driving, resulting in his death. The Case is a very close one, both as to whether the negligence of the defendant has been established and whether the intestate was free from contributory negligence.
As bearing upon the defendant’s negligence, the motorman and- conductor upon the car, a bystander near the crossing and the only passenger on the car heard the whistle blow. The two survivors in the automobile heard no. whistle. The witness Silvernail was…
2Cases cited9 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Renwick v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Schutz v. . Union Railway Co.New York Court of Appeals · 1905
- Seeley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by1 opinion
- In re Schmidt's WillNew York Surrogate's Court · 1912