Waldele v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catherine Waldele, as administratrix, etc., of Philip J. Waldele, deceased, from an order of the Supreme Court, made at the Monroe Circuit and entered in the office of the clerk of the county of Monroe on the 15th day of November, 1895, denying the plaintiffs motion for a new trial made’ upon the minutes, upon a nonsuit granted at the Monroe Circuit after a trial before the. court and a jury.
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Appeal by the plaintiff, Catherine Waldele, as administratrix, etc., of Philip J. Waldele, deceased, from an order of the Supreme Court, made at the Monroe Circuit and entered in the office of the clerk of the county of Monroe on the 15th day of November, 1895, denying the plaintiffs motion for a new trial made’ upon the minutes, upon a nonsuit granted at the Monroe Circuit after a trial before the. court and a jury. Philip J. Waldele was an educated deaf mute, forty-seven years' of age, residing on Madison street in the city of Rochester. Just at daybreak, and between six-thirty-five and…
1Opinion of the Court
Green, J.:
The first question presented is whether the evidence of defendant’s negligence was sufficient to require the submission of that question to the jury.
It was proved and not denied that defendant’s train which struck plaintiff’s intestate was running at the rate of forty miles an hour over Brown street crossing, which is in a thickly populated portion of the city of Rochester. Defendant’s employee, whose duty it was to - protect from danger those who crossed at that point, had *552abandoned his-pofetj either’ leaving a substitute, or" making it possible by his neglect for an unauthorized…
2Cases cited4 opinions
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Oldenburg v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
- Salter v. . Utica and Black River Railroad CompanyNew York Court of Appeals · 1874
- McNamara v. New York Central & Hudson River RailroadNew York Court of Appeals · 1892
3Cited by8 opinions
- Dieckmann v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Haupt v. New York Central & Hudson River RailroadAppellate Terms of the Supreme Court of New York · 1897
- Schermerhorn v. New York CentralAppellate Division of the Supreme Court of the State of New York · 1898
- Smith v. Atlantic Coast Line R.Court of Appeals for the Fifth Circuit · 1942
- Dorr v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1896
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