Bechard v. Rutland Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hector Bechard, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Clinton on the 14th day of April, 1917, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from the order dismissing the complaint.
1Opinion of the Court
John M. Kellogg, P. J.:
Near Champlain the defendant’s track crosses the State road at a sharp angle. The space between the rails is plank, and upon the outside of the rails the planks are level with the top of the rails. Between the rails the planks, are depressed and, as some of the evidence indicates, are an inch and a quarter below the top of. the rail. Sleighs, in making the crossing in the direction which the plaintiff was taking, often turn to the left, thus going over the rails at right angles so that *333the sleigh shoes will not slue or slide upon the rails, and such was the usual custom…
2Cases cited1 opinion
- Taylor v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1897