McCowan v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment and order affirmed, with costs. All concur, except Edgcomb, J., who dissents and votes for reversal on the law, and for dismissal of the complaint, on the ground that plaintiff’s intestate has been shown guilty of contributory negligence as matter of law. The present record shows that the physical surroundings, as shown on the photographs, were the same as those which existed on the day of the accident, and that there was nothing to divert the attention of either decedent from the crossing, with which both were familiar. That being so, the objection to the former judgment, as…
2Cases cited8 opinions
- Crough v. New York Central R.R. Co.New York Court of Appeals · 1932
- Miller v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1929
- Miller v. New York Central Railroad CompanyNew York Court of Appeals · 1929
- Cassidy v. . Fonda, Johnstown and Gloversville Rd. Co.New York Court of Appeals · 1922
- Cassidy v. Fonda, Johnstown & Gloversville RailroadAppellate Division of the Supreme Court of the State of New York · 1922
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3Cited by2 opinions
- Edna A. Bailey, as Administratrix of the Goods, Chattels and Credits of Arthur Bailey, Deceased v. The Baltimore and Ohio Railroad Company, Leon Metzler v. The Baltimore and Ohio Railroad CompanyCourt of Appeals for the Second Circuit · 1955
- Bailey v. Baltimore & Ohio RailroadCourt of Appeals for the Second Circuit · 1955