Devoe v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from an orde^r of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1902, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. This action was brought to recover damages on account of the death of the plaintiff’s intestate caused, as alleged, by the negligence of the defendant.
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Appeal from an orde^r of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1902, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. This action was brought to recover damages on account of the death of the plaintiff’s intestate caused, as alleged, by the negligence of the defendant. The decedent was a car inspector, and the plaintiff claimed that he lost his life because the defendant failed to make, promulgate and enforce reasonable and proper rules for…
1Opinion of the CourtYanu, J.
At the Syracuse station of the defendant the track of the Eome, Watertown & Ogdensburg branch of its system of railroads enters from the north and makes a connection in the form of a “Y” with track Ho. 6 which runs east and west. On the 19th of July, 1899, at about noon, train Ho. 10,. consisting of nine or ten cars, entered the station from the north, and after standing upon track Ho. 6 for a few minutes, was pulled easterly so as to clear the switch at the point of the “ Y ” and enable another train from the north, known as Ho. 4, to enter upon the same track and discharge its passengers.…
2Cases cited10 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Abel v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1886
- Vedder v. . FellowsNew York Court of Appeals · 1859
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
- Ford v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
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3Cited by5 opinions
- Colasurdo v. Central R. R. of New JerseyU.S. Circuit Court for the District of Southern New York · 1910
- Bordeaux v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- Gaska v. American Car & Foundry Co.Missouri Court of Appeals · 1907
- Horan v. Cold Spring Construction Co.New York Supreme Court · 1981
- Schwer v. New York, Chicago & St. Louis Rd. Co.Ohio Supreme Court · 1954