Whalen v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Monroe county. Action by Carrie Whalen against the New York Central & Hudson River Railroad Company. From a judgment entered on a verdict for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtDwight, P. J.
The plainti ff was attempting to cross the defendant’s tracks on foot, at the grade crossing of Saxton street, in Rochester, when she was struck by an engine drawing a train to the east, and received the injury which is the subject of this action. There are the usual four tracks at the crossing, the south track, or No. 1, for east-bound passenger trains, and a third from the south, or No. 3, for west-bound freight trains. The plaintiff approached from the south, on the east sidewalk of Saxton street, with her head enveloped in a “pretty heavy shawl,’’.which covered her ears. She had been…
2Cases cited1 opinion
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
3Cited by3 opinions
- Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
- McNamara v. New York Cent. & H. R. R.New York Supreme Court · 1892
- Moore v. New York Central & Hudson River RailroadNew York Supreme Court · 1891