Legal Opinion

Wall v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 1900PublishedCited by 1 opinion

Appeal from trial term, Onondaga county. Action by Patrick Wall against the New Tork Central & Hudson River Railroad Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.

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Appeal from trial term, Onondaga county. Action by Patrick Wall against the New Tork Central & Hudson River Railroad Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The action was commenced on the 20th day of January, 1899, to recover damages for injuries sustained by the plaintiff on the 29th day of November, 1897, while attempting to pass between the cars of a freight train standing across South West street, in the city of Syracuse, alleged to have been caused through the negligence of the defendant.

1Opinion of the CourtMcLENNAN, J.

South West street, in the city of Syracuse, extends north and south between the freight yard of the defendant’s railroad on the west, and the yard of its passenger depot on the east. It is 66 feet wide, and has a sidewalk upon either side. The tracks of thé defendant’s railroad, eight or nine in all, cross the street at right angles. The first or most northerly track is 36 feet from the one next south. There is then a group of four tracks, the only ones here involved. The distance from the first or northerly track of such group to the one next south is 6 feet. The distance from the second to…

2Cases cited5 opinions

  1. Selleck v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1892
  2. Andrews v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1889
  3. Laible v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
  4. Phillips v. New York & N. E. R.New York Supreme Court · 1894
  5. Pohle v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by1 opinion

  1. Texas & New Orleans Railroad v. McLeodCourt of Appeals of Texas · 1910

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