Stern v. International Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 3, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. 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 Appellate Division of the Supreme Court in the fourth judicial department, entered May 3, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The consent of the local authorities to the construction and maintenance of a railroad and the structures to operate the same in the center of the streets, presumed under the Railroad Law to have been given to defendant railway company, became part of its indivisible franchise as if given directly by the legislature.…
1Opinion of the CourtCardozo, J.
The plaintiff, as administratrix of the estate of her husband, brings this action for the damages suffered through his death. She has obtained a judgment against three defendants, the International Railway Company, the city of Buffalo and the Windsor Motor Car Company. Her husband met his death in an automobile collision. The car in which he was riding belonged to the Windsor Motor Car Company, and was driven by one Fairman, its salesman and general manager. There is evidence that Fairman was driving negligently. He attempted to pass a car ahead of him, but gave no warning of his approach.…
2Cases cited29 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Dubois v. . City of KingstonNew York Court of Appeals · 1886
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3Cited by69 opinions
- Weiss v. FoteNew York Court of Appeals · 1960
- Nelson v. Duquesne Light Co.Supreme Court of Pennsylvania · 1939
- McMillan v. State Highway CommissionMichigan Supreme Court · 1986
- Aubin v. Duluth Street Railway Co.Supreme Court of Minnesota · 1926
- City of Nashville v. BrownCourt of Appeals of Tennessee · 1941
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