Lampman v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walter L. Lampman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of" the clerk of the county of Columbia on the 23d day of October, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Columbia Trial Term.
1Opinion of the Court
Fürsman, J.:
The plaintiff was in his wagon ninety-five feet from a railroad crossing waiting for a friend. His horse was standing. A train of the defendant approached the crossing without ringing a bell, or blowing a whistle, or giving any other warning of its approach than the usual noise which always accompanies a moving train of cars. The “ rattling ” of the approaching train frightened the horse and it ran away over" the crossing and the plaintiff was struck and injured. This is the whole case of the plaintiff. Did the defendant under these circumstances owe any duty to the plaintiff ? I…
2Cited by1 opinion
- Barbeau v. HinesAppellate Division of the Supreme Court of the State of New York · 1921