Havens v. . the Erie Railway Company
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the seventh judicial district, upon a verdict rendered by a jury at the Steuben Circuit, for the plaintiffs for $1,300. The action was under the statute for negligently causing the death of the plaintiff’s intestate, at a railroad crossing in the town of Corning.
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Appeal from a judgment of the General Term of the Supreme Court in the seventh judicial district, upon a verdict rendered by a jury at the Steuben Circuit, for the plaintiffs for $1,300. The action was under the statute for negligently causing the death of the plaintiff’s intestate, at a railroad crossing in the town of Corning. Evidence given by the plaintiff’s witnesses tended to show that no whistle was blown or bell rung upon the defendant’s train when approaching the crossing where the accident occurred. The plaintiff’s counsel, after the judge had charged the jury, requested him to…
1Opinion of the CourtGrover, J.
The questions argued by the counsel for the appellant, are those arising upon exceptions taken by the defendant’s counsel upon the trial, to the charge of the judge to the jury, and to his refusal to charge as requested. It appears from the case, that when the judge concluded his charge, to which no exception was taken, that the plaintiff’s counsel requested him to charge that the deceased was not bound to stop, and look up and down the road unless there were signals given; and that if they heard no signals, they would have the right to think that there was no train within eighty rods, and…
2Cases cited1 opinion
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1868
3Cited by14 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Mann v. Belt Railroad & Stock Yard Co.Indiana Supreme Court · 1891
- Maryland Central Railroad v. NeubeurCourt of Appeals of Maryland · 1884
- Chicago, Rock Island & Pacific Railway Co. v. CrismanSupreme Court of Colorado · 1893
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