Lortz v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, The New York Central and Hudson River Railroad Company, from an. order of the Supreme Court, made at the Genesee Circuit and entered in the office of the clerk of the county of Genesee on the 27th day of June, 1895, denying the defendant’s motion for a new trial made upon the minutes, after a trial at the Genesee Circuit, in which the jury rendered a verdict for the plaintiff for $1,800 in an action for the negligent killing of Frederick Lortz, the…
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Appeal "by the defendant, The New York Central and Hudson River Railroad Company, from an. order of the Supreme Court, made at the Genesee Circuit and entered in the office of the clerk of the county of Genesee on the 27th day of June, 1895, denying the defendant’s motion for a new trial made upon the minutes, after a trial at the Genesee Circuit, in which the jury rendered a verdict for the plaintiff for $1,800 in an action for the negligent killing of Frederick Lortz, the plaintiff’s intestate, at a highway crossing of the defendant’s railroad, in Batavia, N. Y.
1Opinion of the Court
Ward, J.:
Frederick Lortz, the deceased, who was sixty-two years of age at the time of his death, lived on the east side of Cedar street, in the village of Batavia, just north of the defendant’s tracks. For a year previous to his death lie had worked for the wood working company, whose establishment was on Cedar street, south of the tracks, and he passed over the tracks daily in going and- returning from his work.
Cedar street is in the outskirts of the village of Batavia. There were four railroad tracks at the intersection of Cedar street, Nos. 1, 2, 3 and 4. The south railroad track was No.…
2Cases cited8 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Davenport v. . RuckmanNew York Court of Appeals · 1868
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Oldenburg v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
- Harris v. . UebelhoerNew York Court of Appeals · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Munkel v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Minnesota · 1938
- Mischke v. City of SeattleWashington Supreme Court · 1901
- Carter v. Village of NundaAppellate Division of the Supreme Court of the State of New York · 1900
- Branch v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Shields v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1920
1 more not listed; retrieve them via the Exa API.