McNamara v. New York Cent. & H. R. R.
New York Supreme Court
Appeal from circuit court, Erie county. Action by Michael McNamara, administrator of Margaret McNamara, against the New York Central & Hudson River Railroad Company, for the death of intestate. From a judgment for plaintiff entered on verdict, and from an order denying defendant’s motion for new trial, made on the minutes of the court, defendant appeals.
1Opinion of the CourtDwight, P. J.
The action was for the alleged negligent killing of the plaintiff’s intestate, Margaret McNamara, at the grade crossing by the defendant’s road of Hamburg street, in the city of Buffalo. The evidence was amply sufficient to support the verdict of the jury on the question of the defendant’s negligence. But the undisputed facts presented a strong case for the application of the rule laid down in Heaney v. Railroad Co., 112 N. Y. 122,19 N. E. Rep. 422, which has already been followed by us in Whalen v. Railroad Co., (Sup.) 15 N. Y. Supp. 941. The doctrine referred to is that a case of…
2Cases cited2 opinions
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Whalen v. New York Central & Hudson River RailroadNew York Supreme Court · 1891
3Cited by3 opinions
- Ft. Worth & D. C. Ry. Co. v. AlcornCourt of Appeals of Texas · 1915
- Lortz v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894
- Lortz v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896