Cross v. New York Central & Hudson River Railroad
New York County Courts
Appeal from Justice Court. Action by Joseph H. Cross against the Hew York Central & Hudson River Railroad Company. From a judgment for plaintiff, defendant appealed.
1Opinion of the CourtMoore, J.
This is an appeal from a judgment in favor of plaintiff rendered in justice’s court without a jury for $33.60. A cow belonging to the plaintiff was killed October 16, 1907, at 5:20 a. m. at a private farm crossing by a train of cars belonging to and operated by the defendant. The tracks of the defendant ran through the farm which was occupied by the plaintiff under an agreement to work it on shares. The plaintiff was driving his cattle, 16 in number, across the tracks at the time of the accident.
He testifies:
“I started from the house and crossed the flats and opened the gates on the north…
2Cases cited12 opinions
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
- Brooks v. New-York & Erie RailroadNew York Supreme Court · 1862
- Poler v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Vandewater v. New York & New England RailroadNew York Court of Appeals · 1892
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