Cranch v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 6, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 6, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages for injuries sustained by the plaintiff in a collision with one of defendant’s trains at what is known as the 84th street station of that branch of its railroad which runs southerly from the city of Brooklyn to Dimer Park. The 84th street station is in the Bath Beach section of the city of Brooklyn. The…
1Opinion of the CourtWerner, J.
For the purposes of this discussion we will assume that the jury had the right to- charge the defendant with negligence, for there was evidence tending to show that those in charge of the train with which the plaintiff collided gave no signal or warning of its approach, to the crossing at which the accident happened. We must also assume that the evidence warranted the finding that all of the north-bound trains of the defendant stopped at the 84tli street station, and that this fact was known to the plaintiff, who had been a resident in that vicinity for many years, and had been a frequent…
2Cases cited2 opinions
- Terry v. . JewettNew York Court of Appeals · 1879
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
3Cited by6 opinions
- Coleman v. . R. R.Supreme Court of North Carolina · 1910
- Ferran v. Southern Pacific Co.California Supreme Court · 1935
- Coleman v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Biggers v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Dolan v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1911
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