Schowerer v. New Jersey & New York Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ida 0. Schowerer, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rockland on the 20th day of April, 1914, upon a dismissal of the complaint by direction of the court at the close of the case, and also from an order entered in said clerk’s office on the 29th day of April, 1914, denying plaintiff’s motion for a new trial made upon the minutes.
1Per curiam
A freight train bound north went upon a siding at Pearl Biver so as to clear the main track for an overtaking passenger train. Before the freight train stopped the decedent, the freight conductor, stepped from the pilot of his locomotive and attempted to cross the main track to reach the station when he was struck by the passenger train for which he had just vacated the main tracks. The freight conductor was doing a customary thing in taking the siding; he did it to yield the right of way to the other train, and he knew its scheduled time of arrival. The complaint, however, charged defendant…
2Cases cited1 opinion
- Blanchard v. . D., L. W.R.R. Co.New York Court of Appeals · 1914
3Cited by2 opinions
- McAuliffe v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Rocco v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1931