Warfield v. New York, Lake Erie & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Yew York, Lake Erie and Western Railroad Company, from a judgment of the Supreme Court in favor of the jilaintifí, entered in the office of the clerk of the county of Steuben on the 30th day of December, 1895, upon the verdict of a jury rendered after a trial at the Steuben Circuit, and also from an order entered in said clerk’s office on the 21st day of December, 1895, denying the defendant’s motion for a new trial made on a case containing…
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Appeal by the defendant, The Yew York, Lake Erie and Western Railroad Company, from a judgment of the Supreme Court in favor of the jilaintifí, entered in the office of the clerk of the county of Steuben on the 30th day of December, 1895, upon the verdict of a jury rendered after a trial at the Steuben Circuit, and also from an order entered in said clerk’s office on the 21st day of December, 1895, denying the defendant’s motion for a new trial made on a case containing exceptions.
1Opinion of the Court
Follett, J.:
This action was begun October 5, 1894, to recover damages for the alleged negligent killing of the plaintiffs husband by the defendant. October 5, 1892, the plaintiff’s intestate was run over and killed by one of defendant’s cars at its passenger station at the village of Addison.
Defendant’s double-track railroad extends easterly and westerly through the village of Addison, having its two main tracks on the south side of the passenger station. On the north side of that station, and about 280 feet east of it, a track called a “ lead track ” or “ cross over ” branches from the most…
2Cases cited1 opinion
- Terry v. . JewettNew York Court of Appeals · 1879
3Cited by1 opinion
- Beecher v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1898