Legal Opinion
Greene v. New York, Ontario & Western Railway Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 1905Published
Appeal from Special Term, Rockland County. Action by Frank A. Greene, administrator of the estate of Garret G.. Greene, deceased, against the New York, Ontario & Western Railway Company. From a judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtRich, J.
This is an appeal from an interlocutory judgment overruling defendant’s demurrer to a complaint which alleges, among other things:
“That on or about the 11th day of August, 1903, as plaintiff is also informed and verily believes, while one Garret G. Greene, who was a son of this plaintiff, and of the age of nine years, was walking in a southerly direction upon that portion of the New York, West Shore & Buffalo Railroad over and lipón which the defendant ran and operated its engines and cars, as aforesaid, at a point about nine hundred feet southerly of the station at Tompkins Cove, in the town…
2Cases cited3 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Fogarty v. WanamakerAppellate Division of the Supreme Court of the State of New York · 1901
- Fogarty v. WanamakerAppellate Division of the Supreme Court of the State of New York · 1901