Orafina v. New York State Railways
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York State Railways, from a judgment of the Supreme Court in favor of the plaim tiff, entered in the office of the clerk of the county of Ontario ' on the 21st day of "March, 1911, upon the verdict' of a jury for $900, and also from an order-entered in. said clerk’s office on the 30t'h day of March, 1911, denying* the defendant’s motion for judgment on the verdict and the special findings therein contained; also from a second order entered on…
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Appeal by the defendant, the New York State Railways, from a judgment of the Supreme Court in favor of the plaim tiff, entered in the office of the clerk of the county of Ontario ' on the 21st day of "March, 1911, upon the verdict' of a jury for $900, and also from an order-entered in. said clerk’s office on the 30t'h day of March, 1911, denying* the defendant’s motion for judgment on the verdict and the special findings therein contained; also from a second order entered on the 14th day of April, 1911, denying the defendant’s motion for the same relief, and also from an order entered on the…
1Opinion of the Court
McLennan, P. J.:
Plaintiff’s intestate, a child four‘.years and four months of . age, was struck and almost mst-antiy killed by one of defendant’s cars at about one-thirty p.' hr. ón May 10, 1910, at a highway crossing in the town of Victor, Ontario county.
The defendant owned and operated a suburban electric railroad, extending from Geneva, tg Rochester, a distance of. about forty-five miles, passing through-Victor and Canandaigua.
The crossing, in question is 1,91b feet along the highway from the east corporation line of Victor, :and 1,492 feet along defendant’s* tracks from the east…
2Cases cited1 opinion
- Kozlowski v. Rochester, Syracuse & Eastern RailroadAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Plough v. Baltimore & O. R. Co.Court of Appeals for the Second Circuit · 1949
- Letzter v. Ocean Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Orafina v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1912