Degraw v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Wilson Degraw, by Gilbert Degraw, his guardian ad litem, from a final judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the Yth day of July, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Orange Trial Term, and also from an order denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
About seven o’clock in the evening of November 12, 1898, the plaintiff, a boy eleven years of age, while attempting to cross the tracks of the defendant’s road at Guymard, Orange county, was struck by a west-bound train and received serious injuries. The court, at the close of the evidence of both parties, dismissed the complaint, and the plaintiff appeals from the judgment entered thereon.
There was evidence tending to show the following facts: The plaintiff lived at Guymard, on the soutli side of the railroad, which has two tracks. On the evening in question he and his sister…
2Cases cited4 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Kellogg v. . N.Y.C. and Hudson R.R.R. Co.New York Court of Appeals · 1879
3Cited by3 opinions
- Stewart v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Hennessy v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Mehrle v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1901