De Baud v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island 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 Hew York on the 6th day of February, 1914, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 29th day of January, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
The accident in which the plaintiff’s intestate lost his life occurred on the afternoon of July 5, 1909, at. a grade crossing at Earl avenue, Lynbrook, L. I. The defendant’s line of railroad at the locus in quo runs east and west. There were four tracks; 449 feet to the west at about Washington avenue the tracks begin to curve towards the north and northwest at a radius, at that time, of six degrees. Some little time before the accident a fire had occurred south of the line of track and a number of people, including the intestate, had gone down to witness it. Coming back from said…
2Cases cited2 opinions
- Greif v. Buffalo Lockport & Rochester Railway Co.New York Court of Appeals · 1912
- Sackheim v. PigueronAppellate Division of the Supreme Court of the State of New York · 1914