Byrne v. . the New York Central and Hudson River Rd. Co.
New York Court of Appeals
This action was brought by the plaintiff to recover for injuries received at a railroad crossing on defendant’s road, through the alleged negligence of defendant. The accident occurred in April, lS'TO, when the plaintiff was between ten and eleven years old. She was approaching the railroad from the east, and was struck by the rear end of a train backing northerly, while attempting to cross the railroad track upon a street-crossing in the city of Troy.
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This action was brought by the plaintiff to recover for injuries received at a railroad crossing on defendant’s road, through the alleged negligence of defendant. The accident occurred in April, lS'TO, when the plaintiff was between ten and eleven years old. She was approaching the railroad from the east, and was struck by the rear end of a train backing northerly, while attempting to cross the railroad track upon a street-crossing in the city of Troy. There was evidence tending to show that the train was backing at the rate of eight miles per hour, without giving any warning to persons who…
1Opinion of the Court
Earl, J., reads for reversal and new trial.
All concur, except Folgeb, Oh. J., and Rapallo, J., who dissent.
Judgment reversed.
2Cited by29 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Byrne v. New York Central & Hudson River R. R.New York Court of Appeals · 1887
- Louisville, New Albany & Chicago Railway Co. v. RushIndiana Supreme Court · 1891
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- Wallace v. Suburban Railway Co.Oregon Supreme Court · 1894
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