Vandewater v. New York & New England Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 8, 1892, which affirmed a judgment in favor of plaintiff, entered upon a verdict. 0 This was an action to recover damages for the negligent killing of William P. Yande water, plaintiff’s intestate, while attempting to drive across the track of defendant, a railroad corporation. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 8, 1892, which affirmed a judgment in favor of plaintiff, entered upon a verdict. 0 This was an action to recover damages for the negligent killing of William P. Yande water, plaintiff’s intestate, while attempting to drive across the track of defendant, a railroad corporation. The facts, so far as material, are stated in the opinion. The learned justice erred in charging the jury that the provision of the Penal Code (§ 421) which makes it a misdemeanor for any…
1Opinion of the CourtPeckham, J.
The jfiaintiff's intestate was killed at a farm crossing over the defendant’s railroad, near the village of Fishkill. He was in the act of driving across the track when he was struck and instantly killed by one of the engines of the defendant, which was drawing its pay car. The general direction of defendant’s road at this point is east and west. The engine attached to the pay car was coming from the east at the rate of forty or forty-five miles an hour, and at that speed passed a highway crossing called Van Wyck’s, and then at a distance of a few hundred yards to the west of that crossing it…
2Cases cited3 opinions
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Weber v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
3Cited by4 opinions
- Lepard v. Michigan Central RailroadMichigan Supreme Court · 1911
- Philadelphia & Baltimore Central Railroad v. HoldenCourt of Appeals of Maryland · 1901
- Lehigh Valley R. v. KilmerCourt of Appeals for the Second Circuit · 1916
- Connell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911