Cranch v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights 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 2d day of February, 1904, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’s office on the 26th day of February, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
In view of the satisfactory opinion of Kelly, J., on the motion for a new trial, hereto appended,* full discussion is unnecessary. I think that the plaintiff was not chargeable with contributory negligence as a matter of law in assuming that the approaching train would not continue on its way up to the point where she attempted to cross. . She is entitled to the most favorable inferences.. (Smith v. N. Y. C. & H. R. R. R. Co., 177 N. Y. 224.) In that case the' court, per Werner, J., say : “Was the plaintiffs’ intestate reasonably and ordinarily careful of his own safety in the…
2Cases cited8 opinions
- Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Terry v. . JewettNew York Court of Appeals · 1879
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- McNamara v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1892
- Smith v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
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3Cited by1 opinion
- Tingley v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1905