Le Duc v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River 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 Albany on the 15th day of January, 1903, upon the ■ verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 23d day of January, 1903, denying the defendant’s motion for a new trial made- upon the minutes.
1Opinion of the Court
Chester, J.:
The plaintiff’s intestate, a boy over ten years of age, was struck by a locomotive drawing a passenger train running southerly on the defendant’s single-track railroad in the southerly outskirts of the city of Cohoes, while he was crossing such track, and was killed. The plaintiff has received a verdict for the resulting damages to the next of kin, and from the judgment entered - thereon the defendant has appealed.
The contention of the plaintiff is that the place where the deceased was crossing was a path or traveled- way across the railway track, which the defendant had permitted…
2Cases cited2 opinions
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
- McAuliffe v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Olson v. Gill Home Investment Co.Washington Supreme Court · 1910
- Moosman v. New York, N. H. & H. R.Appellate Division of the Supreme Court of the State of New York · 1914
- Moosman v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1914