Gorton v. . the Erie Railway Company
New York Court of Appeals
Appeal from the judgment of the late General Term of the Supreme Court, in the fifth judicial district, affirming the judgment of "the Circuit in favor of the plaintiff. This action was brought to recover for personal injuries sustained by the plaintiff, as well as injuries to his property, by reason of having been struck down by one of the defendant’s locomotives while he was attempting to cross the defendant’s railroad in the town of Corning, Steuben county.
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Appeal from the judgment of the late General Term of the Supreme Court, in the fifth judicial district, affirming the judgment of "the Circuit in favor of the plaintiff. This action was brought to recover for personal injuries sustained by the plaintiff, as well as injuries to his property, by reason of having been struck down by one of the defendant’s locomotives while he was attempting to cross the defendant’s railroad in the town of Corning, Steuben county. The plaintiff was familiar with the crossing, and knew that a train was liable to pass at that time. The plaintiff, although the view…
1Opinion of the CourtAllen, J.
At the close of the evidence on the part of the plaintiff, the defendant moved that the plaintiff be nonsuited, upon the ground that he was shown to have been negligent, in approaching as well as in crossing the railroad track; that is, that the plaintiff was not wholly without fault, but that the injury was in part attributable to his own negligence and want of care.
Evidence had been given tending very strongly to show, that as the train of cars approached the road crossing, the bell upon the locomotive was not rung or the whistle sounded, as required by statute, and that no signal of the…
2Cases cited3 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1868
- Havens v. . the Erie Railway CompanyNew York Court of Appeals · 1869
3Cited by21 opinions
- Mann v. Belt Railroad & Stock Yard Co.Indiana Supreme Court · 1891
- McGrath v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GramesIndiana Court of Appeals · 1893
- Weber v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
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