Feldman v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River 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 Oneida on the 26th day of May, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of May, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
Plaintiff’s intestate and her husband were walking along, the defendant’s railroad ‘track. They came to a bridge, went upon it, and when nearly across were overtaken by a train and killed. It *340must be conceded at the outset that in walking upon the track they did so not only in disregard of their own safety, but in defiance of the penal law of this State (Railroad Law [Gen. Laws, chap. 39; Laws of 1890, chap. 565], § 53, as amd. by Laws of 1892, chap. 676; now Railroad Law [Consol. Laws, chap. 49; Laws of 1910, chap. 481], § 83). But although they were trespassers, the defendant had…
2Cases cited4 opinions
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Neuberger v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- White v. New York Central & Hudson River RailroadNew York Supreme Court · 1892
3Cited by7 opinions
- McDade v. International Railway Co.New York Court of Appeals · 1923
- Pliss v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Bisogno v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Burgess v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Capitula v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1922
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