Grimshaw v. Lake Shore & Michigan Southern Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of Supreme Court in the fourth judicial department, entered November 23, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material are stated in the opinion. Plaintiff’s intestate was a trespasser upon both the Wabash engine and the tracks of defendant.
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Appeal from a judgment of the Appellate Division of Supreme Court in the fourth judicial department, entered November 23, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material are stated in the opinion. Plaintiff’s intestate was a trespasser upon both the Wabash engine and the tracks of defendant. And the defendant, in the absence of evidence that it willfully or wantonly injured him, is not liable. (Van Alstine v. S. L. H. & P. Co., 116 App. Div. 100; Streets v. G. T. Ry. Co., 76 App. Div. 480; Robertson v. N. Y. &…
1Opinion of the CourtWillard Bartlett, J.
The tracks of the Erie Bail-road Company cross the tracks of the defendant, the Lake Shore and Michigan Southern Bailway Company, at a point in the city of Buffalo. At the time of the accident which gave rise to this action, in December, 1907, the Wabash Bailroad Company operated some of its trains over these tracks of the Erie. A Wabash engine thereon attempted to cross the point of intersection when it was struck by one of the defendant’s freight trains running along one of the intersecting tracks. The collision resulted in the death of the plaintiff’s intestate, Thomas Cole, an employee in…
2Cases cited4 opinions
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Lemasters v. Southern Pacific Co.California Supreme Court · 1900
- Wickenburg v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1905
3Cited by15 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Plumb v. . Richmond Light R.R. Co.New York Court of Appeals · 1922
- Rolfe v. . HewittNew York Court of Appeals · 1920
- Barrett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Lowell v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1918
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