Pitts v. New York, Lake Erie & Western Railroad
New York Supreme Court
Appeal from circuit court, Chemung county. Action by Charles A. Pitts, as administrator of Margaret Pitts, deceased, against the New York, Lake Erie & Western Railroad Company. From a judgment entered on a verdict of $3,000 in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes of the court, defendant appeals.
1Opinion of the CourtMerwin, J.
This action is brought for the recovery of damages for the death of Margaret Pitts, the wife of the plaintiff, Charles A. Pitts, at a collision between a passenger train of defendant and the carriage in which the deceased was riding, at about 11 o’clock in the evening of Hovember 30, 1892, at the railroad crossing on Pennsylvania avenue, in the city of Elmira. The claim of the plaintiff is that the collision and death were occasioned by the negligence of the defendant in the management of its train. The evidence is, we think, sufficient to support the conclusion of the jury in this respect.
The…
2Cases cited12 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- 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
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Chisholm v. . StateNew York Court of Appeals · 1894
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3Cited by3 opinions
- Miller v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894
- Crosby v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- Harper v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1897