Legal Opinion

Kozlowski v. Rochester, Syracuse & Eastern Railroad

Appellate Division of the Supreme Court of the State of New York

Decided January 11, 1911PublishedCited by 3 opinions

Appeal by the defendant, the Rochester, Syracuse and Eastern 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 Monroe on the 27th day of April, 1910, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 25th day of April, 1910, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Seeing, J.:

The action is for negligence. The defendant is a street-surface railroad company operating a double-track railroad by electricity from Eochester to Syracuse, a distance of eighty-one miles. The tracks are built, in the main, upon the defendant’s right of way, and both limited and local cars are in use, the former .running at a high rate of speed making very few stops.

At each highway crossing a small building called a shelter, with-a platform extending nearly to the adjacent track, had been constructed for the accommodation of passengers desiring to take its local cars. In the…

2Cases cited3 opinions

  1. Phelps v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1909
  2. Riddle v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.New York Court of Appeals · 1903
  3. Dooley v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905

3Cited by3 opinions

  1. Turner v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
  2. Orafina v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1911
  3. Kozlowski v. Rochester, S. & E. R.Appellate Division of the Supreme Court of the State of New York · 1911

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