Brown v. New York Cent. & H. R. R.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term. Action by Welthy J. Brown, executrix of L. Harris Brown, deceased, against the New York Central & Hudson River Railroad. Company for death of intestate. From a judgment on a verdict for plaintiff, defendant appeals.
1Opinion of the CourtMcLENNAN, J.
The accident occurred north of the city of Syracuse, N. Y., where Seventh North street crosses, substantially at right angles, the two freight tracks of the defendant’s railroad, which extend east and west, and are upon an' embankment 12 to 14 feet high. The southerly track is usually used for the passage of trains going west, and the northerly track for east-bound trains. The street is on a level with the surrounding country until a point about 200 feet south of the crossing is reached, when the grade ascends gradually to the top of the embankment. In approaching the crossing from that point…
2Cases cited8 opinions
- Chisholm v. . StateNew York Court of Appeals · 1894
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- Noble v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by2 opinions
- Zibbell v. Southern Pacific Co.California Supreme Court · 1911
- St. Louis-San Francisco Ry. Co. v. RundellSupreme Court of Oklahoma · 1925