Legal Opinion

White v. New York Central & Hudson River Railroad

New York Supreme Court

Decided July 22, 1892PublishedCited by 3 opinions

Appeal from circuit court, Dutchess county. Action by Annie E. White and Herkimer E. White, as administrators, etc., against the New York Central & Hudson River Railroad Company. Judgment for defendant. Plaintiffs appeal. Reversed,

1Opinion of the CourtCullen, J.

This is an appeal from a judgment in favor of the defendant, entered upon a nonsuit at circuit. The plaintiffs’ intestate and his wife (one of the plaintiffs) were walking upon the defendant’s track. Upon arriving at the middle of a bridge about 115 feet long, the deceased was struck by the locomotive of a passenger train coming from the rear, and killed. The de*7ceased was undoubtedly a trespasser upon the track, but that fact is not necessarily a bar to this action. The rules of law applicable to the case seem authoritatively settled by recent decisions. On the one hand, an engineer is not…

2Cases cited2 opinions

  1. Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
  2. Burnes v. Staten Island Rapid Transit RailroadNew York Supreme Court · 1892

3Cited by3 opinions

  1. Feldman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
  2. Burgess v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1912
  3. Fitzgibbons v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1904

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API