Legal Opinion

Friess v. New York Central & H. R. Railroad

New York Supreme Court

Decided February 15, 1893PublishedCited by 9 opinions

Appeal from circuit court, Onondaga county. Action by Frederick C. Friess, an infant, by John Friess, his guardian ad litem, against the New York Central & Hudson River Railroad Company, to recover damages for personal injuries sustained through defendant’s alleged negligence. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals.

1Opinion of the CourtMartin, J.

The accident which was the subject of investigation on the trial of this action occurred on the 24th day of May, 1889. It happened at a point where the tracks of the defendant’s railroad cross Williams street, which is one of the public streets of the city of Syracuse, and extensively used for the passage of teams and foot passengers. At this place the tracks of the defendant extend in an easterly and westerly direction, crossing Williams street at nearly right angles. There was a plank sidewalk on the west side of the street which crossed the railroad track. In this sidewalk, and within the…

2Cases cited11 opinions

  1. Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
  2. Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
  3. Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
  4. Bullock v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1885
  5. Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875

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3Cited by9 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. SimonsIndiana Supreme Court · 1907
  2. In re TaylorNew York Supreme Court · 1894
  3. City of Chicago v. DidierAppellate Court of Illinois · 1907
  4. King v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1940
  5. Nehrbass v. Home Indemnity Co.District Court, W.D. Louisiana · 1941

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