Brinkerhoff v. Pennsylvania Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtTaylor, J.
Decedent’s automobile while being driven by him southerly across defendant’s railroad track at grade in the daytime was struck by defendant’s train and decedent was killed. On the trial plaintiff was nonsuited on the ground that the proof showed contributory negligence in decedent as a matter of law. The railroad crossed the highway at an angle northeasterly and southwesterly, the highway running northerly and southerly. The train, consisting of an electric car, a baggage car and one coach, was being backed across the highway from the southwest. The coach was the northerly or rear car,…
2Cases cited7 opinions
- Schrader v. New York, Chicago & St. Louis RailroadNew York Court of Appeals · 1930
- Chamberlain v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1924
- Nicholson v. . Greeley Square Hotel Co.New York Court of Appeals · 1919
- Cassidy v. . Fonda, Johnstown and Gloversville Rd. Co.New York Court of Appeals · 1922
- Cassidy v. Fonda, Johnstown & Gloversville RailroadAppellate Division of the Supreme Court of the State of New York · 1922
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Merback v. BlanchardWyoming Supreme Court · 1941
- Brinkerhoff v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1937