Spencer 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 Kings on the 13th day of May, 1907, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 22d day of May, 1907, denying the defendant’s motion for a new trial made upon the minutes. '
1Opinion of the Court
Rich, J.:
This is an appeal from á judgment in favor of the plaintiff in an action brought to recover damages for personal injuries, and-the order denying defendant’s motion for a new trial.
Plaintiff was injured while attempting to cross the railroad tracks of defendant in front of one of its trains at Van Cortlandt Park. He was the chauffeur driving- an automobile in which there were seated at the time besides the plaintiff, Frank B. Read, Mr. and Mrs. Noakes and their daughter. At this crossing defendant maintained a doiible track. The automobile coming from the west had safely crossed the…
2Cases cited5 opinions
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Dolfini v. . Erie R.R. Co.New York Court of Appeals · 1904
- Noakes v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Fiddler v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Spilker v. AbrahamsAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by7 opinions
- Central Indiana Railway Co. v. WishardIndiana Supreme Court · 1917
- Walters v. Chicago, Milwaukee & Puget Sound Ry. Co.Montana Supreme Court · 1913
- State v. Great Northern Railway Co.North Dakota Supreme Court · 1926
- Raymer v. Rutland RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Geier v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1927
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