Legal Opinion

McKelvey v. Delaware, Lackawanna & Western Railroad

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1937PublishedCited by 8 opinions

1Opinion of the CourtEdgcomb, J.

Shortly after eleven o’clock on the morning of January 9, 1937, a coal truck, operated by Andrew Robert McKelvey, and in which Karl Van Buskirk was riding, was struck by a west-bound passenger train of the defendant at a highway crossing in the hamlet of Groveland. Both young men were killed, and their administrators have been awarded verdicts at the hands of a Livingston county jury.

Two highways converge at this crossing, one running in a generally northerly and southerly direction, and known as the Dansville-Geneseo road, and the other in an easterly and westerly direction, and connecting…

2Cases cited6 opinions

  1. Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
  2. Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
  3. Elias v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1919
  4. Goetz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. Phelps v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Plough v. Baltimore & O. R. Co.Court of Appeals for the Second Circuit · 1949
  2. Siivonen v. City of OneidaAppellate Division of the Supreme Court of the State of New York · 1970
  3. Edna A. Bailey, as Administratrix of the Goods, Chattels and Credits of Arthur Bailey, Deceased v. The Baltimore and Ohio Railroad Company, Leon Metzler v. The Baltimore and Ohio Railroad CompanyCourt of Appeals for the Second Circuit · 1955
  4. Cmuk v. Lehigh Valley R.Court of Appeals for the Second Circuit · 1941
  5. Bailey v. Baltimore & Ohio RailroadCourt of Appeals for the Second Circuit · 1955

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API