Legal Opinion

Foran v. New York Cent. & H. R. R.

New York Supreme Court

Decided June 23, 1892PublishedCited by 9 opinions

Appeal from circuit court, Erie county. Action by Richard Foran against the New York Central & Hudson River Railroad Company for personal injuries. From a judgment entered on a verdict of $5,000 for plaintiff, and from an order denying defendant’s motion for a new trial, made on a case and exceptions, defendant appeals.

1Opinion of the CourtMacomber, J.

The plaintiff was quite seriously injured in a collision with a locomotive operated by the defendant while crossing the defendant’s tracks on Breckenridge street, at Black Rock, in the city of Buffalo, on June 13, 1889. He was at that time a teamster engaged in drawing dirt with a wagon and a team of horses, and was passing along Breckenridge street, w'hich crosses the defendant’s tracks at right angles, with a load of dirt, which weighed about two tons. A considerable grade is shown in this street from Niagara street to within a short distance of the railway tracks; but manifestly it was not…

2Cases cited1 opinion

  1. Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889

3Cited by9 opinions

  1. Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
  2. Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
  3. Vahue v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
  4. Manley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
  5. Puff v. Lehigh Valley RailroadNew York Supreme Court · 1893

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