Austin v. Staten Island Rapid-Transit Railway Co.
New York Court of Common Pleas
Appeal from trial term. Action by Charles Y. Austin, administrator of Walter C. Austin, deceased, •against the Staten Island Rapid-Transit Railway Company. Prom a judgment entered upon a verdict in favor of the plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtAllen, P. J.
The plaintiff’s intestate was struck by one of the defend-■an't’s locomotives, and killed, at the John-Street crossing, on the afternoon of November 10, 1888. No whistle was sounded as the engine approached the •crossing, and the testimony as to the ringing of the bell—whether it was rung at all, or, if rung, between what points—was conflicting. The negligence •claimed is that the deceased was not warned by the defendant of the approach •of its train, either by bell or whistle. After examining the ease, we are of the opinion that there was sufficient evidence to take to the jury the questions…
2Cases cited6 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
- Maier v. HomanNew York Court of Common Pleas · 1871
- Cumber v. SchoenfeldNew York Court of Common Pleas · 1891
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