Dolan v. . Delaware and Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries resulting from a collision at a street crossing on defendant’s road, alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries resulting from a collision at a street crossing on defendant’s road, alleged to have been caused by defendant’s negligence. On the 7th November; 1873, plaintiff was driving two horses before a truck on a street, in the city of Albany,' crossed by defendant’s trades. Defendant was required by a city ordinance to keep a flagman at the crossings, and it was its uniform custom so…
1Opinion of the Court
Church, Ch. J.
Our conclusions in this case are: 1st. That the nonsuit was properly denied. The evidence of an improper rate of speed was slight, but the evidence tended to show that the flagman, Avhich the company had uniformly kept at the Orange street crossing, and Avhich Avas required by the city ordinance, Avas absent from his post. Irrespective of the effect of an ordinance, negligence cannot be predicated of an omission to keep a flagman; but, when a flagman has been uniformly stationed at a crossing, the negligence of the flagman to give warning and properly discharge his duty, or in…
2Cited by53 opinions
- Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
- Pennsylvania Co. v. StegemeierIndiana Supreme Court · 1889
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
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