Gonzales v. . New York and Harlem R.R. Co.
New York Court of Appeals
This was an action by the widow and administratrix of John H. Gonzales, deceased, for damages occasioned by the negligent killing of her husband by the cars of the defendant. The casualty occurred at West Mount Vernon station, on the defendant’s road, November 15,1864. The deceased was a passenger by the accommodation train from New York city, where he did business, to West Mount Vernon, where he resided.
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This was an action by the widow and administratrix of John H. Gonzales, deceased, for damages occasioned by the negligent killing of her husband by the cars of the defendant. The casualty occurred at West Mount Vernon station, on the defendant’s road, November 15,1864. The deceased was a passenger by the accommodation train from New York city, where he did business, to West Mount Vernon, where he resided. The train, by which he was a passenger, was due at the latter place at 3.27 p. m., and a down express train, passing that station without stopping, was due there one minute later. The…
1Opinion of the CourtDwight, J.
The rules of law, applicable to this case, must be considered as settled, viz.: First, that the parties seeking to recover for injuries occasioned by the negligence of another, must be shown to be free from negligence contributing in any degree to occasion the injury complained of.
Second, that a person attempting to" cross the track of a railroad must make use of his ordinary faculties to ascertain if there is danger in the attempt, or he will be held guilty of negligence. Ernst v. The Hudson R. R. R. Co., 36 How. 84; ( Wilcox v. The Rome & Watertown R. R. Co., decided at the September Term…
2Cited by20 opinions
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- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Woolwine's Adm'r v. Ches. & O. R'y Co.West Virginia Supreme Court · 1892
- Behrens v. Kansas Pacific Railway Co.Supreme Court of Colorado · 1880
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