Glennon v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, Ann Glennon, as administratrix, etc., of Richard Glennon, deceased, from a judgment of the Supreme Court in favor, of the defendant, entered in the office of the clerk of the county of Orange on the 22d day of January, 1902, upon an ordei ¿entered in said clerk’s office on the 13th day of January, 1902, dismissing the complaint and setting aside a verdict in favor of the plaintiff, and also from an order entered in said clerk’s office on the 14th…
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• Appeal by the plaintiff, Ann Glennon, as administratrix, etc., of Richard Glennon, deceased, from a judgment of the Supreme Court in favor, of the defendant, entered in the office of the clerk of the county of Orange on the 22d day of January, 1902, upon an ordei ¿entered in said clerk’s office on the 13th day of January, 1902, dismissing the complaint and setting aside a verdict in favor of the plaintiff, and also from an order entered in said clerk’s office on the 14th day of February, 1902, denying the plaintiff’s motion for a new trial made upon the minutes, with notice of an intention…
1Opinion of the Court
Hirschberg, J. ;
The plaintiff’s intestate was killed at the village of Goshen, in Orange county, at about half-past nine o’clock in the evening of May 7, 1901, while crossing the defendant’s railroad tracks at Main street. There was one eye-witness of the occurrence. According to his story, when the deceased stepped from the curbstone and walked toward the tracks there was a train coming from the west on the east-bound track — the track farthest from the deceased — making considerable noise. When the deceased was within ten or. fifteen feet of the first or west-bound track he looked easterly,…
2Cases cited5 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Pollock v. . PollockNew York Court of Appeals · 1877
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Fealey v. . BullNew York Court of Appeals · 1900
- Mason v. . LordNew York Court of Appeals · 1869
3Cited by11 opinions
- Bail v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1911
- Kirk v. Salt Lake CityUtah Supreme Court · 1907
- Harris Structural Steel Co. v. ChapmanCity of New York Municipal Court · 1937
- People ex rel. Ross v. DoolingNew York Supreme Court · 1908
- Bail v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1911
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