Einsfeld v. Niagara Junction Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rudolph O. Einsfeld, from an order of tiie Supreme Court, made at the Niagara Trial Term and entered in the office of the clerk of the county of Niagara on the 19th day of April, 1899, setting aside the verdict of a jury in favor of the plaintiff for $4,000 and granting the defendant’s motion for a new trial. The defendant is a railroad corporation owning and operating •about six miles of tracks in or near the city of Niagara Falls.
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Appeal by the plaintiff, Rudolph O. Einsfeld, from an order of tiie Supreme Court, made at the Niagara Trial Term and entered in the office of the clerk of the county of Niagara on the 19th day of April, 1899, setting aside the verdict of a jury in favor of the plaintiff for $4,000 and granting the defendant’s motion for a new trial. The defendant is a railroad corporation owning and operating •about six miles of tracks in or near the city of Niagara Falls. Its road, which crosses Buffalo avenue a short distance west of Twenty-fourth street, is virtually a series of switches designed to…
1Opinion of the Court
Adams, P. J.:
The evidence contained in the record before us is clearly sufficient to support a finding that the defendant was guilty of negligence which contributed to the accident in question, for one of the plaintiff’s witnesses testified that he was riding upon the engine which was attached to the freight cars and that the engineer had his attention called to the electric car, as it was approaching, in ample time to have stopped his engine before reaching the crossing, but that he apparently paid no heed to the warning and made no effort to avoid the collision which ensued. We think,…
2Cases cited4 opinions
- Coddington v. . the B'klyn Crosstown R.R. Co.New York Court of Appeals · 1886
- Penny v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Penny v. . Rochester Railway CompanyNew York Court of Appeals · 1897
- Martus v. Delaware, Lackawanna & Western RailroadSuperior Court of Buffalo · 1895