Austin v. Long Island Railroad
New York Supreme Court
Appeal from circuit court, Queens county. Action by Edithe W. Austin against the Long Island Railroad Company to recover damages for the death of plaintiff’s husband. Plaintiff had judgment. Defendant appeals.
1Opinion of the CourtBarnard, P. J.
On the 28th of June, 1891, John H. Austin, the husband of the plaintiff, was killed by a train upon the defendant’s railroad. The accident happened about midday, and near Woodhaven Junction, in Queens county. The- deceased was on a street called “Ocean Avenue,” but which appears not to be a public highway, but one commonly used by pedestrians as a place of crossing the tracks of the Long Island Railroad Company. The train Which struck the deceased comes from the east. It was proven that, when the deceased and his companions got within about 50 feet of the crossing, he looked east. They saw…
2Cases cited2 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
3Cited by3 opinions
- de Boer v. Brooklyn Wharf & Warehouse Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Kaplan v. PosnerAppellate Division of the Supreme Court of the State of New York · 1920
- Permento v. StoryAppellate Division of the Supreme Court of the State of New York · 1921