Byrne v. New York Central & Hudson River R. R.
New York Court of Appeals
Appeal from a judgment of the supreme court, general term, third department, affirming a judgment of the Rensselaer county circuit, entered on a verdict in favor of the plaintiff in an action to recover damages for injuries inflicted on plaintiff by the defendant at a railroad crossing. The facts are sufficiently stated in the opinion.
1Opinion of the CourtEarl, J.
There was some controvei’sy upon the trial of this action as to whether or not the place where the plaintiff was injured was a traveled public highway, and the trial judge submitted the case to the jury upon the assumption that it was not. There was, however, evidence tending to show that there was an alley at the place where the plaintiff was injured, which was extensively and notoriously used by the public without any objection on the part of the defendant, or any question as to the right of all persons so to use it; and the judge charged the jury that it was a question for them to…
2Cases cited5 opinions
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Byrne v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1881
- Sutton v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1876
3Cited by50 opinions
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Pomponio v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
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