Salter v. . Utica Black River Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 14, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of Frederick E. Salter, plaintiff’s intestate. The case has been twice to this court before. (See Hem. of decision on first appeal, 59 FT.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 14, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of Frederick E. Salter, plaintiff’s intestate. The case has been twice to this court before. (See Hem. of decision on first appeal, 59 FT. T. 631, and report of decision on second appeal, 75 id. 273.) The accident occurred in the village of Carthage. The deceased was engaged in drawing logs to a…
1Opinion of the CourtFinch, J.
When this case was last before us on appeal (75 R Y. 273), we held that, upon the facts proven, the plaintiff’s intestate was guilty of contributory negligence which barred a right of recovery. That conclusion was founded upon the rule, grown familiar by its frequent application, that a person upon a highway, in approaching a railroad crossing, is required to make a vigilant use of his eyes and ears to ascertain if there is an approaching train, and if by such use of these faculties, the vicinity of such train may be discovered in time to avoid a collision, the omission to exercise them is…
2Cases cited2 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Kellogg v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
3Cited by20 opinions
- Indiana, Bloomington & Western Railway Co. v. HammockIndiana Supreme Court · 1887
- Noble v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Funston v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1883
- Little Rock & Fort Smith Ry. v. AtkinsSupreme Court of Arkansas · 1885
- Bucher v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1885
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