Albee v. Chappaqua Shoe Manufacturing Co.
New York Supreme Court
Appeal from circuit court, Westchester county. Action by James H. Albee against the Ghappaqua Shoe Manufacturing Company to recover damages for personal injuries. Plaintiff’s horses took fright at the sounding of defendant’s “seven-mile whistle,” and, running away, threw plaintiff from his wagon, causing the injuries in question. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBarnard, P. J.
The defendant, a manufacturing corporation, had a steam-whistle on its factory at Ghappaqua. The factory is close to the Harlem Railroad station, and the platform for the delivery and receipt of freight •from the railroad is but a few feet from the engine-room of the factory, and the engine-room is so low that the whistle is but a slight elevation above the platform. The whistle is one of great power, and from its name seems to have been constructed to carry sound seven miles. While the plaintiff was at the station in a wagon with one Williams, who was getting his milk-cans, at nearly 1…
2Cases cited3 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Heeg v. . LichtNew York Court of Appeals · 1880
3Cited by4 opinions
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Wilks v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Truex v. South Penn Oil Co.West Virginia Supreme Court · 1907