Semel v. New York, New Haven & Hartford Railroad
New York Court of Common Pleas
Appeal from a judgment of this court entered on the verdict of a jury, and from an order denying a motion for a new trial. The plaintiff’s intestate, Louis Semel, was struck, on the 7th of June, 1879, while crossing the railway track at a public crossing at Fordham, by an engine of the defendant drawing a train of cars from the city of New York, and was killed. The complaint alleges that said death was caused by reason of the defendant’s negligence.
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Appeal from a judgment of this court entered on the verdict of a jury, and from an order denying a motion for a new trial. The plaintiff’s intestate, Louis Semel, was struck, on the 7th of June, 1879, while crossing the railway track at a public crossing at Fordham, by an engine of the defendant drawing a train of cars from the city of New York, and was killed. The complaint alleges that said death was caused by reason of the defendant’s negligence. Proof was given upon the trial, upon the part of the plaintiff and defendant, for the purpose of establishing the cause of action set forth in…
1Opinion of the CourtVan Brunt, J.
The only questions it is necessary to consider upon this appeal, are exceptions to the judge’s charge. The court charged as follows: “ If, on the contrary, you believe the defendant neglected any necessary precaution, whether in the providing of signals or men at the station for waving flags, or whatever was necessary to be done under the circumstances of the case, you have a right to take all those circumstances into consideration to find whether they were guilty of any negligence ; and that is a matter solely within your discretion. Did it do all that a corporation or individual should do…
2Cases cited2 opinions
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- McGrath v. New York Central & Hudson River RailroadNew York Court of Appeals · 1876
3Cited by3 opinions
- Buck v. Manhattan Ry. Co.New York Court of Common Pleas · 1889
- Hollender v. New York Central & Hudson River RailroadNew York Court of Common Pleas · 1887
- Austin v. Staten Island Rapid-Transit Railway Co.New York Court of Common Pleas · 1891