Klinczyk v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Klinczyk, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 10th day of March, 1911, upon the dismissal of the complaint by direction of the court on a trial at the Erie Trial Term.
1Opinion of the Court
Robson, J.:
Between five-thirty and six o’clock in the afternoon of March 7, 1910, plaintiff’s intestate, aged between eighteen and ninéeen years, seated on the left side and at the front of a covered baker’s wagon drawn by a tractable single horse which was driven by a companion seated at his right, while proceeding southerly at a walk along a highway near the city limits of Buffalo was killed at the grade crossing of defendant’s northerly or west-bound track and the highway in a collision with defendant’s west-bound passenger train then running at a speed of fifty miles an hour. The wagon…
2Cases cited3 opinions
- Hoag v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1888
- Noakes v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Noakes v. N.Y. Central and Hudson River Railroad Co.New York Court of Appeals · 1909
3Cited by4 opinions
- Merkling v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Joyce v. BrockettAppellate Division of the Supreme Court of the State of New York · 1923
- Cowan v. Salt Lake & U. R. Co.Utah Supreme Court · 1920
- Mosson v. Liberty Fast Freight Co.Court of Appeals for the Second Circuit · 1942