Cain v. Syracuse, B. & N. Y. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Cortland county. Action by Margaret Cain against the Syracuse, Binghamton & New York Railroad Company for personal injuries. Prom a judgment dismissing plaintiff’s complaint on defendant’s motion for.a nonsuit (45 N. Y. Supp. 538), plaintiff appeals. Affirmed.
1Opinion of the CourtLandon, J.
The plaintiff was injured May 14, 1894, at a highway crossing over the defendant’s railroad in Cortland county, in this state, because, as she alleges, no bell was rung, or other notice given of the approach to the crossing, at the same time, of a coal train upon defendant’s railroad. The coal train was not defendant’s, nor operated by it, but was the train of the Delaware, Lackawanna & *2Western Railroad Company, and was then running in the sole charge of a conductor, and trainmen under him, in the employ of the latter company. The defendant is a domestic corporation, and owns and operates a…
2Cases cited4 opinions
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Abbott v. Johnstown, Gloversville & Kingsboro Horse RailroadNew York Court of Appeals · 1880
- Phillips v. Northern Railroad of New JerseyNew York Supreme Court · 1891
- Tierney v. Syracuse, B. & N. Y. RailroadNew York Supreme Court · 1895
3Cited by8 opinions
- Sun Dial Corp. v. RideoutNew Jersey Superior Court Appellate Division · 1954
- Anderson v. Chatham ElectronicsNew Jersey Superior Court Appellate Division · 1961
- A & B AUTO STORES v. City of NewarkNew Jersey Superior Court Appellate Division · 1969
- In Re ByrneNew Jersey Superior Court Appellate Division · 1952
- Borough of Totowa v. American Surety Co. of New YorkSupreme Court of New Jersey · 1963
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