Costello v. Syracuse, Binghamton & New York Railroad
New York Supreme Court
APPEAL from a judgment in favor of the defendant entered in Onondaga county, and from an order denying the plaintiff’s motion for a new trial. The plaintiff sues to recover of the defendant damages for the negligent killing of his daughter, Mary Costello, in the city of Syracuse, in August, 1871. At the time of the killing, Mary was seven years of age, and had been sent by her mother upon an errand to a butcher’s shop a few rods from the plaintiff’s house.
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APPEAL from a judgment in favor of the defendant entered in Onondaga county, and from an order denying the plaintiff’s motion for a new trial. The plaintiff sues to recover of the defendant damages for the negligent killing of his daughter, Mary Costello, in the city of Syracuse, in August, 1871. At the time of the killing, Mary was seven years of age, and had been sent by her mother upon an errand to a butcher’s shop a few rods from the plaintiff’s house. An engine with three passenger cars, an express car and a baggage car, left in the morning of the day of the accident, the defendant’s…
1Opinion of the Court
By the Court, Mullin, P. J.
In order to determine whether either or both of the parties were guilty of negligence, it was vitally important to ascertain how far from the place of the accident the deceased could see the approaching train, or the engineer could see the child, and also to ascertain the rate of speed at which the train was moving. The same facts must be ascer*97tained in order to determine whether the omission to use the patent brakes was negligence.
The plaintiff’s counsel was assured by the court, at the time of offering evidence in relation to the use of the patent brakes on other…
2Cases cited7 opinions
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
- O'Mara v. . Hudson River R.R. Co.New York Court of Appeals · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- St. Louis & South-Eastern Railway Co. v. ValiriusIndiana Supreme Court · 1877
- Smith v. Sunday Creek Co.West Virginia Supreme Court · 1914
- Burke v. StateNew York Court of Claims · 1909
- Whittaker v. Delaware & H. Canal Co.New York Supreme Court · 1888
- Weitzman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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