Shires v. Fonda, J. & G. R.
New York Supreme Court
Appeal from circuit court, Montgomery county. Action by Bichard H. Shires against the Fonda, Johnstown & Gloversville Bailroad Company for injuries to plaintiff’s person and. property. From a judgment entered on a verdict in favor of plaintiff for $692.80, and from an order denying a motion for a new trial, defendant appeals. Beversed.
1Opinion of the CourtMayham, P. J.
Two questions only seem to be presented for our consideration on this appeal: First. Was the defendant negligent in running its trains at too high a rate of speed in crossing this highway, without suitable signals and warnings of its approach?1 Second. Was the plaintiff guilty of contributory negligence, or rather did the evidence show that he was free from contributory negligence, in driving his horse and wagon onto this railroad track at the time of the collision and injury? The track of the defendant’s railroad starts from the depot at Fonda, and runs in a westerly direction,, nearly…
2Cases cited2 opinions
- Isgrigg v. SchooleyIndiana Supreme Court · 1890
- Crandall v. Lehigh Valley RailroadNew York Supreme Court · 1893
3Cited by4 opinions
- Miles v. Fonda, J. & G. RailroadNew York Supreme Court · 1895
- Baker v. SuttonAppellate Division of the Supreme Court of the State of New York · 1896
- Judson v. Central Vermont RailroadNew York Supreme Court · 1895
- Miles v. Fonda, J. & G. RailroadNew York Supreme Court · 1895