Keller v. . Erie Railroad Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 25, 190Í, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The action was brought to recover damages of the defendant for having negligently caused the death of the plaintiff’s intestate.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 25, 190Í, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The action was brought to recover damages of the defendant for having negligently caused the death of the plaintiff’s intestate. The negligence alleged is that, while the deceased was lawfully and rightfully upon the defendant’s railroad tracks, one of its trains, through carelessness in operation, came into collision with…
1Opinion of the CourtGray, J.
It appears, upon reference to the opinion below, that the Appellate Division justices considered the evidence as conclusively proving the deceased to have been guilty of contributory negligence. It, either, showed that an unimpeded view of the approaching train was possible for several hundred feet, at a point near to the defendant’s tracks, in which case the deceased could have seen the train had he, actually, looked; or, if it could be believed that smoke and steam from the passing train of the Hew York Central and Hudson River Railroad Company had so settled down upon the tracks as to…
2Cases cited5 opinions
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Dolfini v. . Erie R.R. Co.New York Court of Appeals · 1904
- Gunther v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by45 opinions
- Woloszynowski v. N.Y.C.R.R. Co.New York Court of Appeals · 1930
- Rattie v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1927
- Miller v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1929
- Woloszynowski v. New York Central RailroadNew York Court of Appeals · 1930
- Zambardi v. South Brooklyn Railway Co.New York Court of Appeals · 1939
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