De Loge v. New York Cent. & H. R. Railroad
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Hormisdas De Loge against the ¡New York Central & Hudson River Railroad Company for personal injuries. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. Plaintiff was riding with one Keech in a carriage, and approached the crossing, and received injuries which caused the loss of both feet and ankles of the plaintiff.
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Appeal from circuit court, Jefferson county. Action by Hormisdas De Loge against the ¡New York Central & Hudson River Railroad Company for personal injuries. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. Plaintiff was riding with one Keech in a carriage, and approached the crossing, and received injuries which caused the loss of both feet and ankles of the plaintiff. An amputation thereof became necessary between the ankles and knees. Rutland street passes nearly north and south, and the railroad tracks nearly east and west. The train was due…
1Opinion of the CourtHardin, P. J.
Upon all the evidence found in the appeal book,, we are of the opinion that the trial judge properly submitted the question as to whether the defendant was guilty of negligence in operating its trains in the manner disclosed by the witnesses at the time the injuries were received, as a question of fact, to the jury.
In Massoth v. Canal Co., 64 N. Y. 524, it was said:
“Irrespective of any ordinance or law regulating the speed of railroad trains, it was a question of fact whether the rate was excessive or dangerous in that locality; and, if so found by the jury, and such excessive rate-of speed…
2Cases cited11 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Chisholm v. . StateNew York Court of Appeals · 1894
- Hoag v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1888
- Thompson v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1888
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