McSorley v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, ¡New York county. Action by Charles McSorley, as administrator of James McSorley,. deceased, against the New York Central & Hudson River Railroad Company. From a judgment in favor of defendant entered on dismissal of plaintiff’s complaint at the close of his case, he appeals..
1Opinion of the CourtO’Brien, J.
From the evidence which we have before us, and which was admitted on the trial, it is evident that the questions of the defendant’s negligence and of the contributory negligence of the plaintiff’s intestate were very close, and0 it is by no means certain that they should be determined against the plaintiff. Thus it would appear that, in the face of the New Jersey statute, the defendant’s train, which had been behind time at Newburg, was speeding southward and over this grade crossing without any signal of its approach by whistle or bell, and without providing a flagman or gate; that, though…
2Cases cited5 opinions
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Noble v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Wieland v. President of Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Wieland v. President of Delaware & H. Canal Co.Appellate Division of the Supreme Court of the State of New York · 1898