Lewin v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Lehigh Valley Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 5th day of October, 1899, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 5th day bf October, 1899, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Lehigh Valley Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 5th day of October, 1899, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 5th day bf October, 1899, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 16th day of April, 1898, by the plaintiff, as administrator, etc., of Herbert Lewin, deceased, to recover damages resulting to the next of kin from the…
1Opinion of the Court
McLennan, J.:
On the 9th day of January, 1898, the defendant was engaged in operating a double-track railroad, which extends substantially east and west in the town of Farmington, Ontario county, N. Y. Upon that day the plaintiff, the father of the decedent, was riding in a light lumber wagon- drawn by an old, gentle horse, driven by him- along a highway leading from the southwest to the northeast .across the railroad .tracks of the defendant, at an angle of about twenty-five degrees. The plaintiff and a young man were sitting upon a spring seat in the forward part of the wagon, and between…
2Cases cited13 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Koons v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1877
- Wymore v. Mahaska CountySupreme Court of Iowa · 1889
- Hoag v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Phillips v. Denver City Tramway Co.Supreme Court of Colorado · 1912
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- McKay v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1913
- Richmond, Fredericksburg & Potomac Railroad v. Martin's AdministratorSupreme Court of Virginia · 1903
- In re the Judicial Settlement of the Account of BrennanAppellate Division of the Supreme Court of the State of New York · 1914
8 more not listed; retrieve them via the Exa API.