Foley v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 3, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action was brought to recover damages for the death of plaintiff’s intestate, a boy between the age of eight and nine at the time of his death, claimed to have been caused by the negligence of the defendant.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 3, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action was brought to recover damages for the death of plaintiff’s intestate, a boy between the age of eight and nine at the time of his death, claimed to have been caused by the negligence of the defendant. Defendant’s main four tracts run through the village of Oriskany substantially on an easterly and westerly line. In said village a switch track…
1Opinion of the CourtHiscock, J.
The trial court permitted the jury to find in this case that the defendant was guilty of negligence in not giving proper signals of the approach of its engine to the crossing whereon intestate was killed. It further held that plaintiff was not to be charged with the negligence of the driver of the wagon wherein her intestate was riding and further charged without objection that the jury might find that the boy who was killed was either sui juris or non sm juris and instructed them that in the latter case they were to determine whether intestate’s parents were negligent in' permitting him to…
2Cases cited1 opinion
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
3Cited by3 opinions
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Del Costello v. Delaware & Hudson Railway Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Russell v. FuscoAppellate Division of the Supreme Court of the State of New York · 1999