White v. New York Central & Hudson River Railroad
New York Supreme Court
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
- Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
- Burnes v. Staten Island Rapid Transit RailroadNew York Supreme Court · 1892
3Cited by3 opinions
- Feldman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Burgess v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Fitzgibbons v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1904