Gunther v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Herman Gunther, as administrator, etc., of Herman Gunther, Jr., deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 13th day of March, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and. also from an order entered ia said clerk’s office on the 20th day of February, 1902, denying the plaintiff’s…
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Appeal by the plaintiff, Herman Gunther, as administrator, etc., of Herman Gunther, Jr., deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 13th day of March, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and. also from an order entered ia said clerk’s office on the 20th day of February, 1902, denying the plaintiff’s motion for a new trial made upon the minutes. The action was brought to recover damages for the death of the plaintiff’s…
1Opinion of the Court
O’Brien, J.:
In contending for a reversal of this judgment the appellant insists that where the ^public for a long period of time have notoriously been in the habit of walking upon, along or across the tracks of a railroad at a point not in the traveled public highway with the acquiescence of the railroad corporation, this acquiescence amounts to a license and imposes the duty upon the corporation, as to all persons so using the tracks, to exercise reasonable care in the running of its trains so as to protect them from injury; and that whether under the circumstances of a given case a-…
2Cases cited6 opinions
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Byrne v. New York Central & Hudson River R. R.New York Court of Appeals · 1887
- Downes v. Elmira Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1899
- de Boer v. Brooklyn Wharf & Warehouse Co.Appellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Lederman v. New York City Transit AuthorityNew York Supreme Court · 1962
- Kurt v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908