Thompson v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson Eiver Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 16th day of April, 1914, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 22d day of April, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The plaintiff has recovered a verdict for the negligence of the defendant in the erection and the maintenance of its sign with the legend “Rail Road Crossing Look Out for the Cars ” at a road crossing of defendant’s railway tracks. He complains that when he was about to drive his vehicle over the tracks his horse took fright at the rattling or creaking of the sign, ran away and threw the plaintiff out and into a hole distant about 8 feet from the road. The plaintiff offered proof that the pole of the sign was slightly loose in the earth, that the braces were loose, the nails had…
2Cases cited6 opinions
- Lilly v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1887
- McKenzie v. Waddell Coal Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Rowley v. Newburgh Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Saverio-Cella v. Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- O'Sullivan v. . KnoxNew York Court of Appeals · 1904
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3Cited by2 opinions
- Lane v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1931
- Polemenakos v. CohnAppellate Division of the Supreme Court of the State of New York · 1932