Frederick v. Fonda, Johnstown & Gloversville Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Abram Frederick, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Fulton on the 27th day of February, 1900, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court after a trial before the court and a jury at the Fulton Trial Term.
1Opinion of the Court
Merwin, J.:
The track of the defendant crosses Mason street in the city of Johnstown. About noon on January 18, 1899, the plaintiff, with a team and sleigh loaded with ice, was driving westwardly°along *604Mason street, and, as lie was in the act of crossing the defendant’s track, a.train of the defendant coming from the north collided with his sleigh, destroying the sleigh and its load and injuring the plaintiff. For the injuries there received the plaintiff in this action seeks to recover damages upon the ground that the collision was the result of the negligence of defendant.
The situation, as…
2Cases cited2 opinions
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- Wilber v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896