Legal Opinion

McGettigan v. N.Y.C.R.R. Co.

New York Court of Appeals

Decided May 28, 1935PublishedCited by 7 opinions

1Opinion of the Court

These are actions for negligence. Each of the plaintiffs has a judgment for injuries suffered when an automobile, in which they were riding through rain and darkness, struck the concrete base of a signal apparatus placed by defendant in the center of the highway adjacent to its railroad tracks at a grade crossing in the village of Pulaski. The verdicts against defendant must be taken to establish that, although plaintiffs exercised sufficient care to that end, they did not see the obstruction in time to avoid the impact. A signal supervisor of defendant had previously reported to his…

2Cases cited4 opinions

  1. Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
  2. Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
  3. Hill v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
  4. Thompson v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1888

3Cited by7 opinions

  1. Wright v. RoyseAppellate Court of Illinois · 1963
  2. Sturman v. New York Central R.R. Co.New York Court of Appeals · 1939
  3. Schneider v. United StatesDistrict Court, E.D. New York · 1960
  4. Columbia Machine Works, Inc. v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1944
  5. Cmuk v. Lehigh Valley R.Court of Appeals for the Second Circuit · 1941

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