Lagoy v. . Director-General of Railroads
New York Court of Appeals
Appeal from an order of the Appellate Division oí the Supreme Court in the third judicial department, entered May 19, 1920, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The plaintiff’s intestate was guilty of contributory negligence as a matter of law and a nonsuit was properly granted. (Krintzman v. I. S. Ry.
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Appeal from an order of the Appellate Division oí the Supreme Court in the third judicial department, entered May 19, 1920, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The plaintiff’s intestate was guilty of contributory negligence as a matter of law and a nonsuit was properly granted. (Krintzman v. I. S. Ry. Co., 84 N. Y. Supp. 243; Brickell v. N. Y. C. & H. R. R. R. Co., 120 N. Y. 290; Schron v. S. I. L. R. Co., 16 App. Div. 111; McAuliffe v. N. Y. C. & H. R. R. R. Co., 88 App. Div. 356; Fiddler…
1Opinion of the CourtChase, J.
The plaintiff’s intestate was killed on May 6, 1919, while riding on a motor truck which was run over by an engine and tender of the Rutland Railroad Company at a grade crossing at Irona, Clinton county. The railroad was at the time controlled, managed and operated by the defendant. The record discloses that the defendant was guilty of negligence because of running the engine at a high rate of speed without blowing a whistle or ringing a bell to give notice of its approach at the Irona crossing.
We are of the opinion that the trial court was right in holding as a matter of law that the…
2Cases cited1 opinion
- Volosko v. Interurban Street Railway Co.New York Court of Appeals · 1907
3Cited by15 opinions
- Clark v. TraverAppellate Division of the Supreme Court of the State of New York · 1923
- Boscarello v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1930
- O'Brien v. Luckenbach S. S. Co.Court of Appeals for the Second Circuit · 1923
- Kwiatkowski v. John Lowry, Inc.New York Court of Appeals · 1937
- Delaware & Hudson Co. v. NahasCourt of Appeals for the Third Circuit · 1926
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