Petur v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Petur, from a judgment of the Supreme Court in favor of the defendant, entered in the-office of the clerk of the county of Orange on the 18th day of December, 1911, upon the dismissal of the complaint at the close of plaintiff’s case by direction of the court on a trial at the Orange Trial Term, and also, from an order entered in said clerk’s office on the same day dismissing the complaint.
1Opinion of the Court
Rich* J.:
The accident occurred upon defendant’s right of way in the city of Port Jervis, at a point where it has fifteen tracks running substantially parallel, two of which are east and westbound main tracks and the others freight, switch and repair tracks. To the south of all the tracks, and running parallel with them, is Railroad avenue, a public street, with a sidewalk *579on its south side, farthest from defendant’s roadbed. Pike street crosses the tracks. To the west of Pike street Brown and Thompson streets intersect Railroad avenue but do not cross. 'There are no streets on the northerly…
2Cases cited3 opinions
- Roberton v. Mayor of New YorkNew York Court of Common Pleas · 1894
- Rosenthal v. New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Neuberger v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Kovarik v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1919