Fejdowski v. President of Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from a judgment and order of the Appellate Division of the Supreme Court in the third judicial department, entered November 12, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and dismissing an appeal from an order of such Appellate Division made January 17, 1899, which reversed an order of the Trial Term setting aside a verdict in favor of plaintiff and granting a motion for a new trial and denied such motion.
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Appeal from a judgment and order of the Appellate Division of the Supreme Court in the third judicial department, entered November 12, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and dismissing an appeal from an order of such Appellate Division made January 17, 1899, which reversed an order of the Trial Term setting aside a verdict in favor of plaintiff and granting a motion for a new trial and denied such motion. This action, brought to recover damages resulting from the death of the plaintiff’s intestate, caused, as alleged, by the negligence of the defendant,…
1Opinion of the CourtVann, J.
Edison avenue is a public and much traveled street in the city of Schenectady, fifty feet wide, with a sidewalk on each side. It runs approximately north and south and crosses at right angles and at grade the single-track railroad of the defendant. East of the crossing the track is straight for upwards of seven hundred feet and is elevated above the adjacent land from six to eight feet. To an observer standing at the crossing, or within twenty feet north thereof, the track towards the east is plainly visible, by daylight, for a distance of about one thousand feet. At about half-past six in…
2Cases cited3 opinions
- Brown v. . N.Y.C.R.R.New York Court of Appeals · 1865
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Pruey v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1901
3Cited by11 opinions
- Irish v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Parsons v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1912
- Delaware & Hudson Co. v. NahasCourt of Appeals for the Third Circuit · 1926
- Ellington v. Commercial State Bank of San AugustineCourt of Appeals of Texas · 1929
- Louisville & Nashville Railroad v. MayCourt of Appeals of Tennessee · 1927
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