Green v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 22d day of April, 1908, upon the verdict of a jury for $2,800, and also from an order entered in said clerk’s office on the 28th day of April, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The plaintiff has recovered a verdict for the negligence of the defendant whereby his motor truck was injured. About 10 p. m. on September 30, 1907, the plaintiff attempted to drive the truck along a public highway, in a country district, where it crossed at right angles the defendant’s track, north of and near to defendant’s Glenhead station. But the truck broke down on the rails and could not be moved, so that the locomotive engine of defendant’s oncoming passenger train struck it.
There was testimony that there was á red light upon the truck at the time' of the accident. The…
2Cases cited2 opinions
- Chicago & Alton Railroad v. LogueAppellate Court of Illinois · 1893
- Bretsch v. PlateAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Kratche v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1930
- Parker v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Parker v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912