Grippen v. New York Central Railroad
New York Court of Appeals
This was an action for the negligent killing of the plaintiff’s intestate by the defendants’ servants at Troy, and was considered and decided, upon a re-argument, at the same time with the Beisiegel case. The facts are fully stated in the opinion of Woodruff, J.
1Opinion of the CourtWoodruff, J.
Except upon one material question, viz., whether the bell,’ on the defendants’ locomotive, was rung, as required by statute, there is very little, if any, conflicting testimony in this ease.
On a stormy, blustering, snowing night, the plaintiff’s intestate, in a one horse sleigh (or cutter), was driving southwardly down North Second street, in the city of Troy, at the rate of “four or five miles an hour.” This is according to the testimony of the principal witness for the plaintiff: Another describes the rate as “faster than a person would ordinarily drive.” Another, “ They were going on a…
2Cases cited1 opinion
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
3Cited by20 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Berger v. JacksonSupreme Court of Florida · 1945
- Birmingham Southern Railway Co. v. LintnerSupreme Court of Alabama · 1904
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