Rowe v. New York Cent. & H. R. Railroad
New York Supreme Court
Appeal from circuit court, Oswego county. Action by William Rowe against the New York Central & Hudson River Railroad Company for personal injuries. From a judgment entered on the verdict for plaintiff for $1,800, and from an order denying a new trial on the minutes, defendant appeals. . The Rome, Watertown & Ogdensburg Railroad Company (owned and occupied by the defendant) crosses at right angles and grade the Ontario & Western Railroad at Central Square, Oswego county.
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Appeal from circuit court, Oswego county. Action by William Rowe against the New York Central & Hudson River Railroad Company for personal injuries. From a judgment entered on the verdict for plaintiff for $1,800, and from an order denying a new trial on the minutes, defendant appeals. . The Rome, Watertown & Ogdensburg Railroad Company (owned and occupied by the defendant) crosses at right angles and grade the Ontario & Western Railroad at Central Square, Oswego county. A signal is erected for the use of both roads to denote when the crossing is clear. It was the custom of either road, on…
1Opinion of the CourtHardin, P. J.
Chapter 565, art. 2, § 36, of the Laws of 1890, provides that “all trains and locomotives on railroads crossing each other at grade shall come to a full stop before crossing, not less than two hundred nor more than eight hundred feet from the crossing and shall then cross only when the way is clear and upon a signal from the watchman stationed at the crossing.” The evidence discloses that the defendant did not comply with the statute, and by reason thereof the accident occurred. Its train, at the time of collision, *305was going at the rate of about 10 miles an hour. No negligence was shown on…
2Cases cited9 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Bagley v. . BoweNew York Court of Appeals · 1887
- Chapman v. . New Haven Railroad CompanyNew York Court of Appeals · 1859
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
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