Hoag 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 third judicial department, entered upon an order made February 3, 1885, which affirmed a judgment entered upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for alleged negligence, causing the death of Rebecca M. C. Hetrick, plaintiff’s intestate. The facts are substantially stated in the opinion.
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(Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 3, 1885, which affirmed a judgment entered upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for alleged negligence, causing the death of Rebecca M. C. Hetrick, plaintiff’s intestate. The facts are substantially stated in the opinion. The court erred in non- . suiting plaintiff, whether plaintiff’s intestate used the degree of care necessary being a question for the jury. (Stackus v. N. Y. C. & H. R. R. R. Co., 79 N. Y. 464;…
1Opinion of the CourtFinch, J.
The husband and wife were both killed by collision with a passenger train while attempting to cross the defendant’s track at a crossing known as Fuller’s lane. The husband was driving, and his wife, for whose death this action was brought, was riding with him on the way to their home. At this crossing the passenger and freight tracks were seventy feet apart. To the deceased and her husband, who were approaching from the north, the freight tracks were the first to be crossed. At that crossing, and all the way. to the passenger tracks, a train upon them was visible, without anything to obstruct…
2Cases cited1 opinion
- Platz v. . the City of CohoesNew York Court of Appeals · 1882
3Cited by12 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Dee v. City of PeruIllinois Supreme Court · 1931
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
- Flynn v. Chicago City Railway Co.Illinois Supreme Court · 1911
- Reading Township v. TelferSupreme Court of Kansas · 1897
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