Schuster v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe defendant, The Erie Railroad Company, from a judgment of the Supreme Court' in favor of the plaintiff, entered in the office of the clerk, of the county of Erie on the 29th .day of October, 1910, upon the verdict of a jury for $1,500, and also from an order entered on the same day denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by tbe defendant, The Erie Railroad Company, from a judgment of the Supreme Court' in favor of the plaintiff, entered in the office of the clerk, of the county of Erie on the 29th .day of October, 1910, upon the verdict of a jury for $1,500, and also from an order entered on the same day denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 15th day of June, 1909, to recover damages resulting from the death of plaintiff’s intestate alleged to have been caused solely through the negligence of the defendant. The only questions presented on…
1Opinion of the Court
McLennan, P. J.:
The accident which is the subject of this litigation occurred on the 16th day of May, 1909, in the forenoon between ten and-eleven o’clock. The defendant operated a single-track steam railroad extending practically east and west ^through the town of Hamburg in the county of Erie. The State road, so called, one of the principal highways. in said town, runs north and south and crosses th& tracks of defendant’s railroad at practically a right angle. Just prior to the accident, plaintiff’s intestate, who was twelve years and four months of age, a bright, active boy, about four…
2Cases cited7 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Smith v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cmuk v. Lehigh Valley R.Court of Appeals for the Second Circuit · 1941
- Crough v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1930
- Melia v. Southern Boulevard RailroadCity of New York Municipal Court · 1936