Turell v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Turell, by Joseph P. Turell, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 1st day of May, 1899, upon the dismissal of the complaint, at the close of the plaintiff’s case, by direction of the • court after a trial before the court and a jury at the Orange Trial Term.
1Opinion of the Court
Hirschberg, J.:
The plaintiff sues for injuries alleged to have been received by-accident at the city of Middletown, in Orange county, on the 11th day of December, 1897. He was then in his thirteenth year, and undoubtedly sv/L juris. The accident occurred at a street crossing of the defendant’s tracks where he had been for a long time in the habit of crossing three or four times a day, and he. was familiar with the trains going both ways, had waited many times for them to pass, and clearly understood the dangers incident to the crossing. On the morning of the accident he was on his way to the…
2Cases cited8 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Hoag v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1888
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- Seeley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by7 opinions
- Beers v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Fiddler v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Halliday v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Morse v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
2 more not listed; retrieve them via the Exa API.