Flanagan v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, as lessee of the Rome, Watertown and Ogdensburg Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the lltli day of May, 1901, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 25th day of April, 1901, denying the defendant’s motion for a new trial made…
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, as lessee of the Rome, Watertown and Ogdensburg Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the lltli day of May, 1901, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 25th day of April, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Davy, J.:
This action was brought to recover damages for the alleged negligence of the defendant in causing the death of plaintiff’s intestate, who was killed at a grade crossing in the village of Fulton, Oswego County, New York, about eight o’clock in the evening of August 19, 1900.
The original plaintiff was Bridget Flanagan, as administratrix, etc., who was the widow of the deceased, but she having died since the entry of judgment, the present plaintiff, a daughter of the deceased, has been substituted in her place.. The railroad tracks run north and south through Seneca street in said,…
2Cases cited1 opinion
- Henavie v. New York Central & Hudson River RailroadNew York Court of Appeals · 1901
3Cited by6 opinions
- Ohio Electric Co. v. EvansIndiana Court of Appeals · 1922
- Jerome v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Kulp Transportation Lines, Inc. v. Erie RailroadNew York City Court · 1928
- King v. StateNew York Court of Claims · 1922
- Cunningham v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1911
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