Matutinovich v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 25th day of April, 1917, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cochrane, J.:
This is an action for negligence causing the death of the plaintiff’s decedent. He was crossing the tracks of the defendant at its station at Alsen in an automobile truck operated by himself, when the automobile was struck by a passenger train proceeding at a rate of fifty or fifty-five miles an hour and he was killed. The crossing is assumed to have been a public highway crossing and was within about twenty-five or thirty feet of the defendant’s passenger station.
The negligence of the defendant found by the jury was that no signal or warning was given of the approaching train.…
2Cases cited10 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Glennon v. . Erie Railroad CompanyNew York Court of Appeals · 1905
- Fowler v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
- Hintze v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Raymer v. Rutland RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Baesens v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1922
- Fraser v. StateNew York Court of Claims · 1920
- Horton v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1922
- Capitula v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1922
2 more not listed; retrieve them via the Exa API.