York v. Maine Central Railroad
Supreme Judicial Court of Maine
On motion and exceptions. This was an action on the case which Ida M. York brought against the defendant corporation to recover damages for personal injuries which she received July 31, 1888, caused by the rear division of a freight train making a flying-switch at a grade-crossing near East Newport. She having died before the trial, her administrator prosecuted the suit. The case proceeded to a trial on a plea of the general issue.
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On motion and exceptions. This was an action on the case which Ida M. York brought against the defendant corporation to recover damages for personal injuries which she received July 31, 1888, caused by the rear division of a freight train making a flying-switch at a grade-crossing near East Newport. She having died before the trial, her administrator prosecuted the suit. The case proceeded to a trial on a plea of the general issue. The jury returned a verdict of thirteen hundred dollars for the plaintiff. The plaintiff’s declaration is as follows : "In a plea of the case, for that the…
1Opinion of the CourtEmery, J.
This is an action of the case counting on the defendant’s negligence, in running a train past a highway crossing at East Newport, whereby the plaintiff’s intestate, a traveler upon the highway, was injured. The verdict of the jury was for the plaintiff, and the defendant has moved to set aside the verdict as against evidence and has also excepted to one ruling of the presiding justice.
From the evidence reported the following facts may be gathered. The crossing is a short distance west of the East Newport station. The railroad and the highway (from Newport to Stetson) approach the crossing in…
2Cases cited6 opinions
- Leeper v. TexasSupreme Court of the United States · 1891
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Duame v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Brown v. New York Central RailroadNew York Court of Appeals · 1865
- Phillips v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- State v. DipietrantonioSupreme Judicial Court of Maine · 1956
- Desmond v. WilsonSupreme Judicial Court of Maine · 1948
- State v. GreenlawSupreme Judicial Court of Maine · 1963
- Scott v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
9 more not listed; retrieve them via the Exa API.