Towns v. Rome, Watertown & Ogdensburgh Railroad
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Camilla G. Towns, administratrix, etc., of Charles 0. Towns, deceased, against the Borne, Watertown & Ogdensburgh Bailroad Company, to recover for the wrongful killing of plaintiff’s intestate. Defendant’s train was passing from Carthage into the city of Watertown, on its track, in nearly a westerly direction, and it had passed Hamilton street, Central street, and deceased was killed while it was passing Butland street.
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Appeal from circuit court, Jefferson county. Action by Camilla G. Towns, administratrix, etc., of Charles 0. Towns, deceased, against the Borne, Watertown & Ogdensburgh Bailroad Company, to recover for the wrongful killing of plaintiff’s intestate. Defendant’s train was passing from Carthage into the city of Watertown, on its track, in nearly a westerly direction, and it had passed Hamilton street, Central street, and deceased was killed while it was passing Butland street. He was engaged in delivering milk to customers in the city, and his last delivery was at the house of Mrs. Wisner, which…
1Opinion of the CourtHardin, P. J.
Whether or not the defendant was guilty of negligence which caused the death of the plaintiff’s intestate was a question of fact, for the jury, and the evidence required the court to submit the question to the jury. There is a conflict in the evidence as to whether the signals were given or not. After a careful perusal of the evidence, we are satisfied that, within the rule laid down in Culhane’s Case, 60 N. Y. 133, 67 Barb. 562, and other cases to like effect, that there6was sufficient evidence to justify the jury in finding that the bell was not rung, nor the whistle sounded, while the…
2Cases cited4 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Culhane v. New York Central & Hudson River RailroadNew York Supreme Court · 1876
3Cited by3 opinions
- Miller v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894
- McPeak v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- De Loge v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895