Towns v. Rome, Watertown & Ogdensburg Railroad
New York Supreme Court
Verdict for the plaintiff in the sum of $2,500, taken at the Jefferson circuit. A motion for a new trial on the minutes was denied and an order to that effect appears in the appeal book. The appeal is from the judgment and the order. The case contains ail the evidence. Action is brought to recover damages causedby the killing of plaintiff’s intestate ■on the 13th day of July, 1888, at the city of Watertown.
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Verdict for the plaintiff in the sum of $2,500, taken at the Jefferson circuit. A motion for a new trial on the minutes was denied and an order to that effect appears in the appeal book. The appeal is from the judgment and the order. The case contains ail the evidence. Action is brought to recover damages causedby the killing of plaintiff’s intestate ■on the 13th day of July, 1888, at the city of Watertown. Defendant’s train was passing from Carthage into the city ■of Watertown on its track in nearly a westerly direction, and it had passed Hamilton street, Central street, and deceased was…
1Opinion of the CourtHardin, P. J.
Whether or not the defendant was guilty of negligence which caused the death of the plaintiff’s intestate was a question of fact for the jury,, and the evidence1 required the court to submit the question to the jury.
There is a conflict in the evidence as to whether the signals were given or not. After a careful perusal of the evidence we are satisfied that within the rule laid down in Culhane’s case and other cases to like effect, that there was. *334■sufficient evidence to justify the jury in finding that the bell was not rung or the whistle sounded while the train was passing from Central to…
2Cases cited26 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- Cruikshank v. . Home for the FriendlessNew York Court of Appeals · 1889
- Spooner v. D., L. & West. RailroadNew York Court of Appeals · 1889
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