De Jong v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie 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 Rockland on the 23d day of May,'1900, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 2d day of June, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Sewell, J.:
It appears that the plaintiff was a butcher, and in the prosecution of that business drove a wagon, three or four times a week for three or four years prior to the accident, between Nyack and Tappan. The highway between these places is crossed by the tracks of the defendant about 500 feet from the Sparkill station.
On the day of the accident as the plaintiff approached the crossing and when about twenty-five or thirty feet from the first or switch track, he stopped his horse, looked and listened, but did not hear anything, neither whistle, bell nor the sound of the approaching train…
2Cases cited2 opinions
- Getman v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1900
- Crowley v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Legg v. Erie RailroadNew York Supreme Court · 1910