Legal Opinion

Krauss v. Wallkill Valley Railroad

New York Supreme Court

Decided May 9, 1893PublishedCited by 4 opinions

Appeal from circuit court, Ulster county. Action by Hattie Krauss, administratrix of Joseph Krauss, deceased, against the Wallkill Valley Railroad Company, to recover damages for the wrongful" killing of decedent. From a judgment for plaintiff, defendant appeals.

1Per curiam

We think plaintiff failed to show the absence ■of contributory negligence on the part of the deceased, the testimony in the case rather tending to establish his carelessness. The train was backing slowly. Krauss was walking across the track. There were but two box cars between him and the slowly moving train. He could see down the track two or three hundred feet. Had he looked before he stepped onto the track between the two cars, it is difficult to understand how he could have failed to see, at least, the nearest end of the approaching train. All the evidence given in the case indicates…

2Cases cited2 opinions

  1. Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
  2. Borden v. . Delaware, Lackawanna and Western Railroad Co.New York Court of Appeals · 1892

3Cited by4 opinions

  1. Rumpel v. Oregon Short Line Railway Co.Idaho Supreme Court · 1894
  2. McQuade v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1896
  3. Sias v. Rochester Railway Co.New York Supreme Court · 1895
  4. Krauss v. Wallkill Val. RailroadNew York Supreme Court · 1894

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