McKeever v. . the New York Central Hudson River Rd. Co.
New York Court of Appeals
This was an action to recover damages for alleged negligence causing the death of plaintiff’s intestate, who was killed at a highway crossing. The alleged negligence was the omission to ring a bell or sound a whistle on the engine which struck the deceased. The plaintiff was nonsuited on the authority of Galha/ne v. W. T. G. da U. R. R. R. Go.
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This was an action to recover damages for alleged negligence causing the death of plaintiff’s intestate, who was killed at a highway crossing. The alleged negligence was the omission to ring a bell or sound a whistle on the engine which struck the deceased. The plaintiff was nonsuited on the authority of Galha/ne v. W. T. G. da U. R. R. R. Go. (60 N. Y. 133). The court here agreed as to the rule laid down in that case, i. e., that as against positive affirmative evidence by credible witnesses, to the ringing of a- bell or sounding of a whistle, there must be something more than tíie testimony…
1Opinion of the Court
Finch, J.,
reads for affirmance; Sapallo, Miller and Earl, JJ., concur; Danforts, J., reads for reversal, Andrews, Oh. J., and Traoy, J., concur.
Judgment affirmed.
2Cited by12 opinions
- Seaboard Air Line Railway Co. v. MyrickSupreme Court of Florida · 1926
- Seaboard Coast Line Railroad Company v. HelmanDistrict Court of Appeal of Florida · 1976
- Rainey v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
- Hauff & Stormo v. South Dakota Central Railway Co.South Dakota Supreme Court · 1914
- Hoffmann v. Fitchburgh RailroadNew York Supreme Court · 1893
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