Cunningham v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, R. James Cunningham, as administrator;' etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oswego on the 23d day of October, 1909, upon the dismissal of the complaint, by direction of the court at the close of the plaintiff’s case, on a trial at the Oswego Trial Term, and also from an order entered in said clerk’s office on the 9th day of November, 1909, denying the plaintiff’s…
Read the full summary
Appeal by the plaintiff, R. James Cunningham, as administrator;' etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oswego on the 23d day of October, 1909, upon the dismissal of the complaint, by direction of the court at the close of the plaintiff’s case, on a trial at the Oswego Trial Term, and also from an order entered in said clerk’s office on the 9th day of November, 1909, denying the plaintiff’s motion for a new trial made upon the minutes. ,
1Opinion of the Court
Robson, J.:
Plaintiff’s intestate shortly before nine o’clock on January 28, 1909, while driving northerly across defendant’s track was struck and killed by the- locomotive hauling defendant’s west-bound passenger train. The highway on which decedent- was driving was practically level and apparently in good condition. Defendant’s tracks cross this highway in . a northwesterly and southeasterly direction. ■ The angle made by the line of -the highway as decedent approached the tracks with the line of the defendant’s tracks on which defendant’s train was -moving was about seventy degrees, as is…
2Cases cited3 opinions
- McSweeney v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Flanagan v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Gowdey v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1906