Wilber v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Benjamin F. Wilber, from a judgment of tlie Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schenectady on the 23d day of November, 1895, upon a nonsuit granted by the court after a trial at the Schenectady Circuit before the court and a jury. The action was brought to recover the damages resulting from personal injuries caused by the alleged negligence of the defendant.
1Opinion of the Court
Merwin, J.:
On December 30,1894, between one and two o’clock in the afternoon, the plaintiff, as he was walking westerly along the northerly side of State street, in the city of Schenectady, and across the tracks of defendant, was struck and injured by the fast mail train of defendant coming from Albany and not stopping at Schenectady. It was running at the usual rate of speed. There was no warning by flagman as required by the ordinances of the city. Eor the injuries received by the plaintiff he sought to recover of the defendant damages upon the ground that it was negligent in not giving…
2Cases cited4 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- McNamara v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1892
- Fowler v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
- Kane v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1892
3Cited by8 opinions
- Wilber v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Mansfield v. City of LockportNew York Supreme Court · 1898
- Edgerley v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Edgerley v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Frederick v. Fonda, Johnstown & Gloversville RailroadAppellate Division of the Supreme Court of the State of New York · 1900
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