Legal Opinion

Smedis v. Brooklyn & Rockaway Beach Railroad

New York Court of Appeals

Decided February 7, 1882PublishedCited by 41 opinions

Appeal from judgment of the General Term of the Supreme Oourt, in the second judicial department, entered upon an order made December 14, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 23 Hun, 279.) This action was brought to recover damages for the alleged negligence of defendant causing the death of Peter J. Smedis, plaintiff’s intestate. The facts are sufficiently set forth in the opinion.

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Appeal from judgment of the General Term of the Supreme Oourt, in the second judicial department, entered upon an order made December 14, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 23 Hun, 279.) This action was brought to recover damages for the alleged negligence of defendant causing the death of Peter J. Smedis, plaintiff’s intestate. The facts are sufficiently set forth in the opinion. There being no witnesses of the accident, to entitle the plaintiff to recover, she was bound to show affirmatively that the deceased exercised…

1Opinion of the CourtTracy, J.

On the evening of the 25th of July, 1878, the plaintiff’s intestate was struck by the defendant’s engine, at or near where Liberty avenue crosses its track on Van Sinderin avenue, in East ¡New York, and so injured that he died. This action is brought under the statute to recover the loss sustained by reason of such death.

The defendant’s track is laid in the center of Van Sinderin avenue, which runs north and south, crossing Liberty avenue at right angles.

The Manhattan Beach railroad also has a track on Van Sinderin avenue, lying west of the track of the defendant.

That the intestate was struck…

2Cases cited2 opinions

  1. Kellogg v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
  2. Weber v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874

3Cited by41 opinions

  1. Chicago & Eastern Illinois Railroad v. HedgesIndiana Supreme Court · 1885
  2. Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
  3. Southern Railway Co. v. Bryant's Adm'rSupreme Court of Virginia · 1897
  4. Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
  5. Louisville, New Albany & Chicago Railway Co. v. PhillipsIndiana Supreme Court · 1887

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