Greany v. . Long Island Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. • This action was brought to recover damages for injuries sustained by plaintiff, who was struck by an engine attached to a train on defendant’s road, as she was crossing its tracks at a highway crossing. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. • This action was brought to recover damages for injuries sustained by plaintiff, who was struck by an engine attached to a train on defendant’s road, as she was crossing its tracks at a highway crossing. The material facts are stated in the opinion. The court erred in allowing testimony, as to defendant’s omission to sound the whistle and bell, from witnesses who were not in a…
1Opinion of the CourtDanfobth, J.
The appellant concedes there was evidence upon which the jury might find negligence on its part, but contends:
First. That certain negative evidence from persons who did not affirmatively appear to have been “ looking, watching, or listening for the ringing of a bell or sounding of a whistle,” was improperly received to prove that those signals were not given; and Second. That the plaintiff should have been non-suited on the ground of her contributory negligence.
As to the first: It is apparent that the best evidence of the fact in dispute would be the testimony of those persons who on the…
2Cases cited3 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Kellogg v. . N.Y.C. and Hudson R.R.R. Co.New York Court of Appeals · 1879
3Cited by98 opinions
- Pennsylvania Co. v. StegemeierIndiana Supreme Court · 1889
- Cleveland, Cincinnati, Columbus & Indianapolis Railway Co. v. HarringtonIndiana Supreme Court · 1892
- Chicago & Eastern Illinois Railway Co. v. HedgesIndiana Supreme Court · 1889
- Clark v. St. L. & S. F. R. Co.Supreme Court of Oklahoma · 1909
- Wilkinson v. Oregon Short Line RailroadUtah Supreme Court · 1909
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