Rodrian v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Appeal from judgment of the supreme court, general term, second department, affirming judgment in favor of plaintiff, entered upon a verdict, and from order denying motion for new trial.
1Opinion of the CourtAndrews, J.
It has, in view of the decisions in this state upon the subject, become a postulate that due care requires a pedestrian before crossing a railroad track to look in each direction \o ascertain whether a train is approaching, and that the mere -omission of the statutory signals by the trainmen does not relieve the pedestrian from the imputation of negligence if he fails on his part to look and listen. He cannot omit such a reasonable pre-caution in reliance upon the performance by the railroad company -of its obligation to give reasonable notice of the approach of the train.
Whether the duty…
2Cited by20 opinions
- Clark v. St. L. & S. F. R. Co.Supreme Court of Oklahoma · 1909
- Wilkinson v. Oregon Short Line RailroadUtah Supreme Court · 1909
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1908
- Reynolds v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Hecker v. Oregon RailroadOregon Supreme Court · 1901
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