Bowen v. New York Cent. & H. R. R.
New York Supreme Court
Appeal from circuit court, Niagara county. Action by Jay D. Bowen, an infant, by his guardian, against the New York Central & Hudson River Railroad Company, for personal injuries. From a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial, made on a case and exceptions, defendant appeals. Affirmed.
1Opinion of the CourtBradley, J.
There is substantially no conflict in the evidence of the circumstances under which the plaintiff’s injury was occasioned. He was in the highway, going north, and as he came to the track of the Rome, Watertown & Ogdensburg Railroad, a single-track road, which crossed the highway at right angles, he saw a freight train approaching from the east, and waited for it to pass; and when what he supposed was the rear car had passed, he stepped onto the track, and was struck by a detached car, which was following at a short distance in the rear of those connected with the engine. This car had been…
2Cases cited5 opinions
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Duame v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Brown v. New York Central RailroadNew York Court of Appeals · 1865
- Archer v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1887
3Cited by10 opinions
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1908
- Kirby v. Southern Pacific Co.Oregon Supreme Court · 1923
- Eichholz v. Niagara Falls Hydraulic Power & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Lindsey v. Pacific Electric Railway Co.California Court of Appeal · 1931
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