Cheney v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from a judgment entered on a verdict rendered at the Monroe Circuit, and also from an order denying a motion for a new trial, made on the minutes of the judge. The action was brought to recover damages, for the alleged negligence of the defendant’s sciwant, whereby the plaintiff’s intestate received injuries of which he died.
Read the full summary
Appeal from a judgment entered on a verdict rendered at the Monroe Circuit, and also from an order denying a motion for a new trial, made on the minutes of the judge. The action was brought to recover damages, for the alleged negligence of the defendant’s sciwant, whereby the plaintiff’s intestate received injuries of which he died. The intestate was injured by being struck and run over by a locomotive engine of defendants, while he was in the act of crossing the defendants railroad trades at their intersection with Sophia street, in the city of Rochester. The court in its charge said : “…
1Opinion of the Court
SMITH, J. :
The case as proved without dispute, or as the jury were warranted in finding upon conflicting testimony, was this : About nine o’clock on the night of February, 1877, the deceased and the witness Miles were about to cross the defendant’s railroad, on the east sidewalk of Sophia street, on their way to their home north of the track. There were six tracks across the street, and a long freight train was passing there on the third track from the south. McAuslin, the deceased, halted at or near the edge of the first *417track and stood waiting for the train to pass. As soon as tbe trained…
2Cases cited7 opinions
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Weber v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1874
- Godfrey v. . MoserNew York Court of Appeals · 1876
- Algeo v. . DuncanNew York Court of Appeals · 1868
- Morss v. SherrillNew York Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.