Lewin v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Augusta Lewin, for a new trial upon a case containing exceptions, ordered to' be heard at the Appellate Division in the first instance upon the verdict of a jury rendered by direction of the court after a trial at the Monroe Trial Term.
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Motion by the plaintiff, Augusta Lewin, for a new trial upon a case containing exceptions, ordered to' be heard at the Appellate Division in the first instance upon the verdict of a jury rendered by direction of the court after a trial at the Monroe Trial Term. The action was commenced on the 16th day of April, 1898, to-recover damages which the plaintiff claims to have sustained by reason of the alleged negligence of the defendant, by which a train of the defendant came in collision with the wagon in which, the plaintiff was riding, at a point where the highway crosses defendant’s railroad…
1Opinion of the Court
McLennan, J.:
The evidence is conflicting as to whether the hell was rung or whistle sounded upon the defendant’s engine as "it approached the crossing. The speed at which the train was going is also in dispute, the evidence of the plaintiff tending to show that it was going at the rate of from fifty to sixty miles an hour, and that of the witnesses called by the defendant that it was going at a much less rate of speed.
Upon the evidence it was clearly a question for the jury to determine whether the defendant was guilty of negligence which caused the injury or not. The only other question…
2Cases cited6 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Hoag v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1888
- Seeley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Hennessy v. Brooklyn City RailroadNew York Supreme Court · 1893
- Zimmermann v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Geary v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Lewin v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Galligan v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1900