Winn v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Westchester county. Action by Frederick G. Winn against the New York Central & Hudson River Railroad Company. From a judgment setting aside verdict for plaintiff and dismissing complaint, plaintiff appeals.
1Opinion of the CourtJenks, J.
In the neighborhood of the station of the defendant at Hastings, N. Y., there are two grade crossings at Washington avenue and at Dock street, about 580 feet apart. The defendant’s right of way is about 66 feet, and lies approximately north and south. On the margin at the east side is a picket fence, and then, as one travels across that right of way, he comes to a walk, a post and iron fence extending for a part of the way, a north-bound track, a middle or freight track, a south-bound track, a trunk of wood used to carry signal wires, a switch or siding, and then a private road. The space…
2Cases cited6 opinions
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Cusick v. . AdamsNew York Court of Appeals · 1889
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Rodrian v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1891
- McNamara v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1892
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