Kent v. Jamestown Street Railway Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Section 42a of the Eailroad Law does not apply to street surface railroads, but only to steam railroads.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Section 42a of the Eailroad Law does not apply to street surface railroads, but only to steam railroads. (L. 1906, ch. 657, § 42a.) Electric railroads are included within the operation of the statute. (Forton v. C. R. R. Co., 166 N. Y. Supp. 746; Riccio v. I. R. R. Co., 117 N. Y. Supp. 720; Simons…
1Opinion of the CourtChase, J.
The plaintiff’s intestate, a motorman engaged in running an electric car between the village of Falconer and the city of Jamestown, was killed in a collision with a similar car running upon the same track in the opposite direction, in violation of a signal that had been given to the motorman in charge of that car. The intestate’s death resulted from personal injury while in the employment of the defendant, arising solely from the negligence of one of the defendant’s employees intrusted by it as a part of his duty with the physical control or direction of the movement of the car which caused…
2Cases cited17 opinions
- City of New York v. . BryanNew York Court of Appeals · 1909
- Village of Fort Edward v. Hudson Valley Railway Co.New York Court of Appeals · 1908
- People Ex Rel. Linton v. Brooklyn Heights RailroadNew York Court of Appeals · 1902
- Matter of Stillwater M. St. Ry. Co.New York Court of Appeals · 1902
- Matter of Brooklyn, Q.C. S.R.R. Co.New York Court of Appeals · 1906
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3Cited by4 opinions
- Zachary v. R. H. Macy & Co.New York Supreme Court · 1971
- Hildebrant v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Campbell v. CampbellAppellate Division of the Supreme Court of the State of New York · 1934
- In re the Judicial Settlement of the Account of Proceedings of FraserAppellate Division of the Supreme Court of the State of New York · 1937