St. John v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Supreme Court, entered December 30, 1897, upon an order of the Appellate Division in the fourth judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial, and dismissing the complaint on the merits. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Supreme Court, entered December 30, 1897, upon an order of the Appellate Division in the fourth judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial, and dismissing the complaint on the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The question of negligence on the part of the defendant should have been submitted to the jury. (Bushby v. N. Y., L. E. & W. R. R. Co., 107 N. Y. 374; Gale v. N. Y. C. & H. R. R. R.…
1Opinion of the CourtBartlett, J.
The plaintiff seeks to recover of the defendant damages for injuries received on the 29tli day of November, 1896, while crossing the tracks of the latter at University avenue, in the city of Rochester. The avenue at that point crosses some fifteen tracks of the defendant at an angle.
At about three o’clock in the afternoon of the day in question the plaintiff and his friend, Johnson French, sought to cross the tracks of the defendant on University avenue, approaching the same from the north. After crossing a number of dead and switch tracks, the plaintiff, in advance of his friend, who had…
2Cases cited2 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Stuber v. . McEnteeNew York Court of Appeals · 1894
3Cited by1 opinion
- Stern v. RosenthalAppellate Terms of the Supreme Court of New York · 1907