Mullen v. Schenectady Railway Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 3, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 3, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. It was the duty of the defendant and its motorman to have the car under such control when approaching the crossing at the intersection of highways at stop 25 that the car could be stopped if any emergency required it, and failure to perform that duty…
1Opinion of the CourtMiller, J.
This is an action for negligently causing the death of the plaintiff’s intestate on the 13th day of June, 1912. A nonsuit having been granted, a brief recital of the essential facts is necessary to present the law points.
The defendant is a street surface railroad corporation operating a double-track electric road between Albany and Schenectady upon the public highway known as the Albany and Schenectady turnpike, which runs substantially east and west. It ran two classes of cars, limited cars making no stops between said cities, and local cars which stopped on signal at regular places…
2Cases cited2 opinions
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
- Harrison v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1909
3Cited by14 opinions
- Brott v. Auburn & Syracuse Electric RailroadNew York Court of Appeals · 1917
- Barnet Shoifet v. New York Central Railroad CompanyCourt of Appeals for the Second Circuit · 1959
- Fowler v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Hubbard v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Rebmann v. Delaware, L. & W. R.District Court, W.D. New York · 1921
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