Salter v. . Utica and Black River Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 18 Hun, 187.) This action was brought to recover damages for the alleged negligent killing of plaintiff’s intestate. Memorandum of decision on former appeal.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 18 Hun, 187.) This action was brought to recover damages for the alleged negligent killing of plaintiff’s intestate. Memorandum of decision on former appeal. (59 N. Y., 14.) On the day of the accident the deceased was drawing logs on a bob-sled to a saw-mill in Carthage, and to reach it he was obliged to cross defendant’s track, which runs north and south through the village., The saw-mill is on the west side of…
1Opinion of the CourtMiller, J.
There was, we think, .sufficient evidence of negligence of the defendant, upon the trial to warrant the submission of that question to the consideration of the jury ; and the judge committed no error in refusing to nonsuit upon any such ground. A more serious question arises, in regard to the contributory negligence of the deceased, and whether the evidence was sufficient to authorize the judge to take the case from the jury and grant the motion for a non-suit.
The rule is well established that it is the bounden duty of a traveler approaching a railroad crossing, before he passes over the same…
2Cases cited3 opinions
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Haight v. New York Central RailroadNew York Supreme Court · 1872
3Cited by19 opinions
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. PowersIndiana Supreme Court · 1909
- Clark v. St. L. & S. F. R. Co.Supreme Court of Oklahoma · 1909
- McGee v. Consolidated Street Railway Co.Michigan Supreme Court · 1894
- Wilkinson v. Oregon Short Line RailroadUtah Supreme Court · 1909
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