Cunningham 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 Tioga on the 26th day of March, 1909, upon the verdict of a jury for $850, and also from .an' order entered in said clerk’s office on the 15th day of July, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
This is a crossing case. The charge of the court permitted a recovery upon either of three grounds : (1) Failure to give proper signal or warning; (2) running the engine at a dangerous, and unreas. enable rate of speed; (3) failure to properly guard ■ the crossing by use of the gates.
For some fifteen years gates had been used at the crossing from seven o’clock in the morning until nine at night, and it does not
*507appear that they had been used at any other times. The deceased ha"d worked in the vicinity more or less for several years and was 'familiar with the location, passing the…
2Cases cited1 opinion
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
3Cited by12 opinions
- Schwartz v. JohnsonTennessee Supreme Court · 1925
- United Brotherhood of Carpenters & Joiners of America, Local Union No. 55 v. SalterSupreme Court of Colorado · 1946
- Schneider v. BrechtCalifornia Court of Appeal · 1935
- Jones v. Pacific Gas & Electric Co.California Court of Appeal · 1930
- Le Fleur v. VergiliaAppellate Division of the Supreme Court of the State of New York · 1952
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