Browne v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in. favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the' 15th day of December, 1902, upon the verdict of a jury for $2,000. The action was commenced on the 25th day of July, 1902, to recover damages for the death of plaintiff’s intestate, which occurred on the 3d day of December, 1901, alleged to have been caused…
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in. favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the' 15th day of December, 1902, upon the verdict of a jury for $2,000. The action was commenced on the 25th day of July, 1902, to recover damages for the death of plaintiff’s intestate, which occurred on the 3d day of December, 1901, alleged to have been caused through the negligence of the defendant.
1Opinion of the Court
McLennan, J. :
The accident occurred north of the city of Syracuse, N. Y., where Seventh North street crosses, substantially at right angles, the two freight tracks of the defendant’s railroad, which extend east and west, and are upon an embankment twelve to fourteen feet high. The southerly track is usually used for the passage of trains going west, and the northerly track for east-bound trains. The street is on a level with the surrounding country until a point about 200 feet south of the crossing is reached, when the grade ascends gradually to the top of the embankment. In approaching the…
2Cases cited8 opinions
- Chisholm v. . StateNew York Court of Appeals · 1894
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- Noble v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by2 opinions
- Zibbell v. Southern Pacific Co.California Supreme Court · 1911
- Matutinovich v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918