Legal Opinion

Delaware, L. & W. R. v. Devore

Court of Appeals for the Second Circuit

Decided March 10, 1902No. 70PublishedCited by 6 opinions

In Error to the Circuit Court of the United .States for the Southern District of New York. Writ of error to review a judgment rendered by the circuit court for the Southern district of New York upon a verdict against the Delaware, Lacka-wanna & Western Railroad Company for the sum of §10,000 in favor of the plaintiff in an action to recover damages for personal injuries sustained by him at a grade crossing known as “Hope Crossing,” on the line of the defendant’s railroad in…

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In Error to the Circuit Court of the United .States for the Southern District of New York. Writ of error to review a judgment rendered by the circuit court for the Southern district of New York upon a verdict against the Delaware, Lacka-wanna & Western Railroad Company for the sum of §10,000 in favor of the plaintiff in an action to recover damages for personal injuries sustained by him at a grade crossing known as “Hope Crossing,” on the line of the defendant’s railroad in New Jersey, on the evening of November 22, 1892.

1Opinion of the Court

SHIPMAN, Circuit Judge.

At the time of the inj’ury the plaintiff was about one year and four months old. Plis parents had been living at Wallpack, N. J. On the morning of November 22, 1892, they drove from their home with this child to Belvidere, N. J., a distance of about 26 miles from Wallpack, and about 6 o’clock in the evening started to return home. On their way to Belvidere they had crossed the railroad track at Hope crossing, but Mrs. Devore (now Mrs. Heater) bad never driven on that road before, and did not know that her husband had, and did not know the name of the railroad which they…

2Cases cited9 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Little v. HackettSupreme Court of the United States · 1886
  3. Union Pac. Ry. Co. v. LapsleyCourt of Appeals for the Eighth Circuit · 1892
  4. New York, S. & W. R. Co. v. MooreCourt of Appeals for the Second Circuit · 1901
  5. Bull v. . CaseNew York Court of Appeals · 1901

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Canadian Pac. Ry. Co. v. SlaytonCourt of Appeals for the Second Circuit · 1928
  2. Tucker v. RyanMassachusetts Supreme Judicial Court · 1937
  3. Jarrett v. Wabash Ry. Co.Court of Appeals for the Second Circuit · 1932
  4. Chesapeake & Ohio Railway Co. v. ChapmanSupreme Court of Virginia · 1913
  5. Kupchinsky v. Vacuum Oil Co.Appellate Division of the Supreme Court of the State of New York · 1933

1 more not listed; retrieve them via the Exa API.

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