Collis v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Herkimer county. Action by John W. Collis, administrator, ■ against the Hew York Central & Hudson River Railroad Company, for the death of plaintiffs intestate. From a judgment entered on a verdict for defendant, plaintiff appeals.
1Opinion of the CourtHabdest, P. J.
Main street, in the village of Herkimer, crosses the tracks of the defendant at a right angle, and defendant’s passenger depot is east of Main street. Its passenger tracks 1 and 2 are separated by the depot. Ho. 1, or the south track, goes south of the depot, and Ho. 2 north. West of Main street was a “dead track,” or a branch track between tracks Ho. 1 and 2, extending some 175 feet west of Main street and easterly of Washington street. At the time of the accident an advertising car or advance car of a circus company stood upon the dead track, and was occupied by persons in the employ of the…
2Cases cited9 opinions
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
- Byrne v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1881
- Belton v. . BaxterNew York Court of Appeals · 1873
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3Cited by1 opinion
- Burk v. President of Delaware & H. Canal Co.New York Supreme Court · 1895