Noble v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 9th day of December, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of December, 1896, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
On the evening of November 2,1895, at about five minutes after six o’clock, in that part of the city of Yonkers where Ashburton avenue crosses the defendant’s railway, the plaintiff’s husband, Thomas Noble, was struck and killed by the locomotive of the defendant’s train known as ,the Chicago Limited, on its way from Albany to New York. No one saw the accident, but shortly after the train had passed southward, Noble was found dead near the track, fifty-six or fifty-seven feet south of the crossing, with his skull fractured and liis side completely crushed in. Near him lay…
2Cases cited1 opinion
- Salter v. . Utica Black River Railroad Co.New York Court of Appeals · 1882
3Cited by24 opinions
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Merback v. BlanchardWyoming Supreme Court · 1941
- Wieland v. President of Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1898
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