Drake v. Auburn City Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 17, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 17, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Whatever risk arose from the situation of the railroad relative to this line of trees was open and obvious and was assumed by the plaintiff’s intestate when he entered the service. He could not call upon the defendant to change the location of its tracks, especially…
1Opinion of the CourtBartlett, J.
On the fourth day of July, 1899, the intestate, a conductor on one of the cars of the defendant, was killed, and this action is brought by his widow, the administratrix, to recover damages.
The defendant’s railroad runs southerly from the city of Auburn to Owasco lake. The northerly portion of the road is within the city limits and the remainder, for a distance of some two miles, is in the town of Owasco, running along Owasco street to a park upon the shore of the lake.
On the westerly side of O wasco street is a row of large trees for almost the entire distance from the city line to the lake.
Th…
2Cases cited11 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
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3Cited by15 opinions
- Moore v. Chattanooga Electric Railway Co.Tennessee Supreme Court · 1907
- Duggan v. HeaphySupreme Court of Vermont · 1912
- Illinois Central Railroad v. FitzpatrickIllinois Supreme Court · 1907
- Vaughn v. Glens Falls Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Breslin v. SparksAppellate Division of the Supreme Court of the State of New York · 1904
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