Laible v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Elizabeth Laible, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon a nonsuit granted by the court after a trial at a Trial Term of the Supreme Court held in and for the county of Wayne on the 1st day of June, 1896. The defendant, the New York Central and Hudson River Railroad Company, that will be referred to hereafter as the “ Central,” and the Eall Brook Railroad Company had…
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Motion by the plaintiff, Elizabeth Laible, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon a nonsuit granted by the court after a trial at a Trial Term of the Supreme Court held in and for the county of Wayne on the 1st day of June, 1896. The defendant, the New York Central and Hudson River Railroad Company, that will be referred to hereafter as the “ Central,” and the Eall Brook Railroad Company had a business and traffic arrangement with reference to their roads at Lyons, the third provision of which was as follows:…
1Opinion of the Court
Ward, J.:
The plaintiff claims that the negligence of the two defendant railroad companies combined to cause the injury which she sustained; that the Central was at fault for obstructing the crossing an unreasonable length of time, whereby she was detained until, by the action of the Fall Brook Company, her horse was frightened while she was thus detained, and that in this regard the Fall Brook was negligent. The Fall Brook claims- that if in approaching that crossing it had given notice of its approach, either* by ringing a bell or *579blowing a whistle, it would have created more noise than it…
2Cases cited10 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Gibney v. . StateNew York Court of Appeals · 1893
- Galveston, Harrisburg & San Antonio Railway Co. v. CroskellCourt of Appeals of Texas · 1894
- Selleck v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Twist v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1899
- Killen v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1989
- Burns v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Meyer v. HavenAppellate Division of the Supreme Court of the State of New York · 1899
- Wall v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.