Waldele v. . N.Y.C. H.R.R.R. Co.
New York Court of Appeals
1Opinion of the Court
The intestate came to his death from injuries received on defendant's railroad in the city of Rochester, near midnight, July 1, 1876. He was an educated deaf-mute, intelligent, and in possession of all his faculties, except that of speech and hearing. He was familiar with the railroad at the place where he was injured; and was probably attempting to cross the railroad on his way home at the time he was struck by an engine and fatally injured. No one saw the accident; but the theory of the plaintiff is, that as he approached the railroad tracks, a freight train came from the east, and he…
2Cases cited11 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875
- Tilson v. . TerwilligerNew York Court of Appeals · 1874
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3Cited by49 opinions
- People v. MarksNew York Court of Appeals · 1959
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Matter of Carroll v. . Knickerbocker Ice Co.New York Court of Appeals · 1916
- People v. . Del VermoNew York Court of Appeals · 1908
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
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