Vandewater v. New York & New England Railroad
New York Court of Appeals
Appeal from judgment of the supreme court, general term, second department, affirming judgment in favor of plaintiff.
1Opinion of the Court
The plaintiff's intestate was killed at a farm crossing over the defendant's railroad, near the village of Fishkill. He was in the act of driving across the track when he was struck and instantly killed by one of the engines of the defendant, which was drawing its pay car. The general direction of defendant's road at this point is east and west. The engine attached to the pay car was coming from the east at the rate of forty or forty-five miles an hour, and at that speed passed a highway crossing called Van Wyck's, and then at a distance of a few hundred yards to the west of that crossing it…
2Cases cited3 opinions
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Weber v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
3Cited by13 opinions
- Lepard v. Michigan Central RailroadMichigan Supreme Court · 1911
- Coulter v. Great Northern Railway Co.North Dakota Supreme Court · 1896
- Lehigh Valley R. v. KilmerCourt of Appeals for the Second Circuit · 1916
- Delaware & Hudson Co. v. NahasCourt of Appeals for the Third Circuit · 1926
- Jarrett v. Wabash Ry. Co.Court of Appeals for the Second Circuit · 1932
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