McGrath v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on a verdict. On the 13th day of March, 1871, defendant was running a train on a track belonging to the Rensselaer and Saratoga Railroad Company in the city of Albany.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on a verdict. On the 13th day of March, 1871, defendant was running a train on a track belonging to the Rensselaer and Saratoga Railroad Company in the city of Albany. Plaintiff was driving a pair of horses attached to a lumber wagon upon Colonie street in said city, which is crossed by said track. As he was crossing the track the wagon was struck by said train and plaintiff was injured. Upon the…
1Opinion of the CourtEarl, J.
Upon the first trial of this action, it was shown that the Rensselaer and Saratoga Railroad Company had always kept a flagman at the crossing where the accident under consideration happened, but that he was absent at the time of the accident; and the court charged the jury that these facts might he considered by them upon the question of defendant’s negligence. Upon appeal to the General Term, this charge was held to have been erroneous, and a new trial was granted. (1 S. C. [T. & C.], 243.) Upon the new trial, the plaintiff, against the objection of the defendant, was permitted to prove the…
Also in this document: Concurrence.
2Cases cited5 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Weber v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1874
- Illinois Central Railroad v. KanouseIllinois Supreme Court · 1866
- Clement v. CanfieldSupreme Court of Vermont · 1856
3Cited by23 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. YundtIndiana Supreme Court · 1881
- Baltimore Transit Co. v. WorthCourt of Appeals of Maryland · 1947
- Hamilton v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1910
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