Kavanagh v. New York, Ontario & Western Railway Co.
Appellate Division of the Supreme Court of the State of New York
Re argument of an appeal by the defendant, New York, Ontario and Western Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of November, 1919, upon the verdict of a jury for $15,000, as amended by an order of said court dated the 24th day of December, 1919, and also from an order entered in said clerk’s office on the 3d day of December, 1919, denying defendant’s motion for…
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Re argument of an appeal by the defendant, New York, Ontario and Western Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of November, 1919, upon the verdict of a jury for $15,000, as amended by an order of said court dated the 24th day of December, 1919, and also from an order entered in said clerk’s office on the 3d day of December, 1919, denying defendant’s motion for a new trial made upon the minutes. (See 193 App. Div. 957; 194 id. 920.)
1Opinion of the Court
Rich, J.:
It is contended upon the reargument of this appeal that it was reversible error for the court to charge the jury that the ringing of the crossing gong did not relieve defendant from liability, and that the New Jersey statute imposed an absolute duty upon defendant to either sound the whistle or ring the bell at intervals. The statute (N. J. Laws of 1903, chap. 257, § 35) provided, among other things: “A bell of a weight not less than thirty pounds shall be placed on each engine and rung continuously in approaching a grade crossing of a highway, beginning at a distance of at least…
2Cases cited10 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- H. & T. C. R'y Co. v. WilsonTexas Supreme Court · 1883
- Chicago & Eastern Illinois Railroad v. BoggsIndiana Supreme Court · 1885
- McGrath v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Nuzum v. Railway Co.West Virginia Supreme Court · 1887
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3Cited by10 opinions
- Frazier v. ReinmanAppellate Division of the Supreme Court of the State of New York · 1930
- Mertens v. Agway, Inc.District Court, S.D. New York · 1967
- Leiby v. Pennsylvania R.Court of Appeals for the Second Circuit · 1932
- Genud v. TauberNew York Supreme Court · 1971
- Koffler v. American Railway Express Co.City of New York Municipal Court · 1926
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