Elukowich v. New York, N. H. &. H. R.
District Court, S.D. New York
At Law. Action by Frances Elukowich, administratrix of Kaston Elukowich, deceased, against the New York, New Haven & Hartford Railroad Company. Verdict for defendant, and plaintiff moves for a new trial.
1Opinion of the Court
LINDLEY, District Judge.
Plaintiff alleged that her intestate, while he drove on a public highway, in a horse-drawn wagon, in the city of Norwich, Conn., was killed by defendant’s train, as it crossed the highway, through the negligence of defendant, in that no sufficient warning or signals were given, either by bell, whistle, crossing bell, or otherwise; there being no crossing gates or watchman, though according to a posted sign a watchman was regularly in service there at certain other hours. It was also alleged that the view was obstructed. Defendant claimed that it was not negligent, that…
2Cases cited11 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Dyson v. New York & New England RailroadSupreme Court of Connecticut · 1888
- Elliott v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1910
- Erie R. v. WeinsteinCourt of Appeals for the Sixth Circuit · 1909
- Cowles v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1907
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3Cited by3 opinions
- Pratt, Read & Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1925
- Licha v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1937
- Franklin v. NowakOhio Court of Appeals · 1935