Hallock v. New York, Ontario & Western Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 14, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Halloek was not free from contributory negligence. (McHugh v. M. R. Co., 88 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 14, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Halloek was not free from contributory negligence. (McHugh v. M. R. Co., 88 App. Div. 554; Murphy v. Deans, 101 Mass. 455; T. H., etc., R. Co. v. Graham, 95 Ind. 291; Ludd v. Wilkins, 118 Ga. 525; Marble v. Ross, 124 Mass. 44; Forbes v. King, 84 Penn. St. 230; 7 Am. &…
1Opinion of the Court
Cullen, Ch. J.
The action is brought, servant against master, to recover damages for the death of the plaintiff’s intestate. The deceased was the station agent of the defend ant at a small station called Fish Creek. In front of the station were three tracks, the nearest one a siding or switch track, the second the main track, and the third a temporary track rendered necessary for reasons unnecessary to relate. On the afternoon of August 27th, 1966, a freight train arrived at the station. In it was a car to be left at the station. On the siding were standing some other freight cars. The…
2Cases cited5 opinions
- Austin v. . the New Jersey Steamboat Co.New York Court of Appeals · 1870
- McKeon v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Kelly v. National Savings BankAppellate Division of the Supreme Court of the State of New York · 1908
- Brown v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1909
- Brown v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by10 opinions
- Kinderavich v. PalmerSupreme Court of Connecticut · 1940
- Bisogno v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Bragg v. Central New England Railway Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Eagen v. . Buffalo Union Terminal R.R. Co.New York Court of Appeals · 1911
- Hintze v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
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