Wilcox v. Rome, Watertown, & Ogdensburgh Railroad
New York Court of Appeals
Appeal from judgment of General Term of Fifth District.' Court Street is one of the principal thoroughfares leading into the village of Watertown, from the country to the public square and business centre of the town. The Defendant’s road crosses the street at right angles, near the bridge across the Black River.
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Appeal from judgment of General Term of Fifth District.' Court Street is one of the principal thoroughfares leading into the village of Watertown, from the country to the public square and business centre of the town. The Defendant’s road crosses the street at right angles, near the bridge across the Black River. There are two depots in the village; one in the neighborhood of half a mile above the crossing in the rear of the Woodruff House, and the other about the same distance below. They are known as the upper and lower depots. The crossing is about half-way between the two depots. The…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The main question which we are to determine in this case is, whether the deceased was guilty of negligence which contributed to the injury that caused his death. At the time when the occurrence took place, he was on the public highway, where he had a perfect right to be, for the purpose of traveling, or of crossing the track. He was familiar with the locality, having lived for some time in the neighborhood, and, probably, was acquainted with the times for the…
2Cases cited11 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- People v. . BoothNew York Court of Appeals · 1865
- Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858
- Beisiegel v. . New York Central RailroadNew York Court of Appeals · 1866
- Dascomb v. Buffalo & State Line Rail RoadNew York Supreme Court · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Bellefontaine Railway Co. v. HunterIndiana Supreme Court · 1870
- Mann v. Belt Railroad & Stock Yard Co.Indiana Supreme Court · 1891
- Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
38 more not listed; retrieve them via the Exa API.