Halsey v. Rome, Watertown & Ogdensburg Railroad
New York Supreme Court
The plaintiff’s intestate was killed on the 20th day of December, 1882. His death was the result of a collision between one of the defendant’s trains and the cutter or sleigh, on which he was riding. The collision occurred at a highway crossing near the defendant’s station, at Holmesville, Oswego county, N. Y. The train consisted of an engine, tender and baggage car. The train was running southerly. The tender was- south of the engine and the car north off the engine.
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The plaintiff’s intestate was killed on the 20th day of December, 1882. His death was the result of a collision between one of the defendant’s trains and the cutter or sleigh, on which he was riding. The collision occurred at a highway crossing near the defendant’s station, at Holmesville, Oswego county, N. Y. The train consisted of an engine, tender and baggage car. The train was running southerly. The tender was- south of the engine and the car north off the engine. One Abner Waters was the owner of the horse and cutter, and was driving and managing them. There were four barrels in the…
1Opinion of the CourtMartin, J.
On the trial of this action the jury found, both that the defendant was negligent, and that the plaintiff’s intestate was free from contributory negligence. The question of the defendant’s negligence was submitted to the jury on two grounds: First, that no bell was rung nor whistle sounded; and second, that no pilot or “cowcatcher ” was attached to the south end of the tender. The defendant did not claim that the whistle was sounded, but did claim that the bell was rung continuously for the required distance.
Whether the bell upon the engine was rung as the train approached the crossing where…
2Cases cited8 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
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