Legal Opinion

Long Island R. v. Darnell

Court of Appeals for the Second Circuit

Decided February 9, 1915No. Nos. 149, 150PublishedCited by 4 opinions

In Error to the District Court of the United States for the Southern District of New York. These causes come here upon writs of error to review judgments of the District Court, Southern District of New York, in favor of defendants in error who were plaintiffs below.

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In Error to the District Court of the United States for the Southern District of New York. These causes come here upon writs of error to review judgments of the District Court, Southern District of New York, in favor of defendants in error who were plaintiffs below. The first action is for personal injuries- sustained by Pauline Darnell who will be hereinafter referred to as the plaintiff; the second, for loss of services and necessary disbursements resulting from such injuries. The injuries resulted from collision with a train of defendant’s railroad at Freeport, E. I., on October 1, 1911.…

1Opinion of the Court

LACOMBE, Circuit Judge.

At Freeport the railroad runs east and west, with station located about half way between Main street and Grove street: the two streets being about 600 feet apart. Both streets cross the railroad from south to north. Plaintiff, with her mother and sister and the witness Collier, were in a taxicab; the three ladies on the rear seat, Collier on the right-hand collapsible seat facing west. Mott, the chauffeur, was alone on the left-hand side of the front seat. They were moving north on Grove street, intending 1o cross the tracks and go to the north station platform, where…

2Cases cited2 opinions

  1. Canadian Pac. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1896
  2. Canadian Pac. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1896

3Cited by4 opinions

  1. Winn v. Consolidated Coach CorporationCourt of Appeals for the Sixth Circuit · 1933
  2. Markar v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1935
  3. Gray v. Pennsylvania R.District Court, S.D. New York · 1946
  4. Bowker v. DonnellDistrict Court, S.D. New York · 1915

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