McAuliffe v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 20th day of March, 1903, upon the verdict of a jury for $900, and also from an order entered in said clerk’s office on the 21st day of March, 1903, denying the defendant’s motion for a new trial made upon the minutés.'
1Opinion of the Court
Spring, J.:
The plaintiff, a man twenty-nine years of age, while crossing Washington street at its intersection with Walnut street in the city of Syracuse' on the evening of February 6, 1902, was struck- and injured by a west-bound passenger train on the defendant’s road. Two of the defendant’s parallel tracks pass along Washington street and their course for some distance is substantially east and west and they cross Walnut street at grade. Plaintiff was familiar with this crossing and at the time of the accident was employed in a saloon at the northeast corner of Washington and Walnut…
2Cases cited3 opinions
- Daniels v. Staten Island Rapid Transit Co.New York Court of Appeals · 1891
- Fiddler v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Swart v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Le Duc v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Brinkerhoff v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1935