Einsfield v. Niagara Junction Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Erie county. Action by Eudolph C. Einsfield against the Niagara Junction Railway Company. From an order setting aside a verdict in favor of plaintiff, and granting a new trial, plaintiff appeals. The defendant is a railroad corporation owning and operating about six miles of tracks in or near the city of Niagara Falls.
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Appeal from trial term, Erie county. Action by Eudolph C. Einsfield against the Niagara Junction Railway Company. From an order setting aside a verdict in favor of plaintiff, and granting a new trial, plaintiff appeals. The defendant is a railroad corporation owning and operating about six miles of tracks in or near the city of Niagara Falls. Its road, which crosses Buffalo avenue a short distance west of Twenty-Fourth street, is virtually a series of switches designed to connect numerous manufacturing establishments with the tracks of the New York Central and Erie Railroads, and is uSed for…
1Opinion of the CourtAdams, P. J.
The evidence contained in the record before us is clearly sufficient to support a finding that the defendant was guilty of negligence which contributed to the accident in question, for one of the plaintiff’s witnesses testified that he was riding upon the engine which was attached to the freight cars, and that lie engineer had his attention called to the electric car as it was approaching in ample time to have stopped Ms engine before reaching the crossing, but that he apparently paid no heed to the warning, and made no effort to avoid the collision which ensued. We think, however, that it is…
2Cases cited4 opinions
- Coddington v. . the B'klyn Crosstown R.R. Co.New York Court of Appeals · 1886
- Penny v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Wynne v. Atlantic Avenue RailroadNew York City Court · 1895
- Martus v. Delaware, Lackawanna & Western RailroadSuperior Court of Buffalo · 1895