Drago v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Orazia Drago, from a judgment of the Supreme Oourt in favor of the defendant, entered in the office of the clerk of the county of Erie on the 21st day of April, 1909, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s cáse on a trial at the Erie Trial Term.
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Appeal by the plaintiff, Orazia Drago, from a judgment of the Supreme Oourt in favor of the defendant, entered in the office of the clerk of the county of Erie on the 21st day of April, 1909, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s cáse on a trial at the Erie Trial Term. The action was commended on the 23d day of December, 1907, to recover damages resulting from personal injuries sustained by the plaintiff, alleged to have been caused, solely through the negligence -of the defendant.
1Opinion of the Court
McLennan, P. J.:
The evidence produced on the part of the plaintiff • established that the defendant was moving or operating a train of cars along Church street, which extends easterly and westerly through the city of Buffalo ; that at the time of the accident, which occurred at about eight o’clock in the evening of the 1st day of September, 1906, the plaintiff assumed to cross the defendant’s tracks, walking along Birdsall street, and was struck by an engine hauling a passenger train of the defendant from the east. There was no headlight burning upon the engine, and the evidence tends to show…
2Cited by7 opinions
- Breker v. RosemaMichigan Supreme Court · 1942
- Thompson v. Southern Michigan Transportation Co.Michigan Supreme Court · 1933
- Kumelauskas v. CozziCalifornia Court of Appeal · 1959
- Bergman v. BiermanCalifornia Court of Appeal · 1956
- Davis v. Rogers Fuel Corp.Appellate Division of the Supreme Court of the State of New York · 1954
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