Pakalinsky v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the, Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. Whether the hell was rung or not is unimportant, since the only object in ringing a bell is to notify those approaching a railroad crossing of an approaching train.
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Appeal from judgment of the General Term of the, Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. Whether the hell was rung or not is unimportant, since the only object in ringing a bell is to notify those approaching a railroad crossing of an approaching train. (Chicago, R. I. & P. R. R. Co. v. Houston,, 5 N. Y. Dig., No. 22, p. 523.) The fact that plaintiff testified that he did not hear the bell ring furnished no evidence for the jury.…
1Opinion of the CourtEarl, J.
This action was commenced to recover for peiv sonal injuries alleged to have been caused to the plaintiff by the carelessness of the defendant.
On the 25th day of September, 1875, between six and seven o’clock in the evening, the plaintiff, being then about ten years old, was passing northerly upon the sidewalk of Clinton street, in the city of Syracuse, at a point where defendant’s road crosses the same street in an easterly and westerly direction; and while he was endeavoring to cross the railroad tracks, he was struck by the tender of an engine backing easterly and one of his legs was so…
2Cases cited1 opinion
- McGrath v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
3Cited by2 opinions
- Milliman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Backer v. Chicago & North Western Ry. Co.South Dakota Supreme Court · 1942