Cain v. Syracuse, Binghamton & New York Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Cain, from a judgment of the •Supreme Court in favor of the defendant, entered in the office of tiie clerk of the county of Cortland on the 21st day of May, 1897, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury, with notice of an intention to bring up for review upon such appeal an order entered in said .clerk’s office on the 21st day of May, 1897, granting the defendant’s motion for a…
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Appeal by the plaintiff, Margaret Cain, from a judgment of the •Supreme Court in favor of the defendant, entered in the office of tiie clerk of the county of Cortland on the 21st day of May, 1897, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury, with notice of an intention to bring up for review upon such appeal an order entered in said .clerk’s office on the 21st day of May, 1897, granting the defendant’s motion for a nonsuit.
1Opinion of the Court
Landon, J.:
The plaintiff was injured May 14, 1894, at a highway crossing over the defendant’s railroad in Cortland county in this State, because, as she alleges, no bell was rung or other notice given of the approach to the crossing at the same time of a- coal train upon defendant’s railroad. The coal train was not defendant’s, nor operated by it, hut was the train of the Delaware, Lackawanna and Western Railroad Company, and was then running in the sole charge of a conductor, and trainmen under him, in the employ of the latter company.
The defendant is a domestic corporation, and owns and…
2Cases cited3 opinions
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Abbott v. Johnstown, Gloversville & Kingsboro Horse RailroadNew York Court of Appeals · 1880
- Phillips v. Northern Railroad of New JerseyNew York Supreme Court · 1891
3Cited by3 opinions
- Decker v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Decker v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1915