Vahue v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Della Vahue, for a new trial upon a case ' containing exceptions, ordered to be heard at the Appellate Division in the first ,instance upon a nonsuit granted by the court after a trial at the Monroe Trial Term.
Read the full summary
Motion by the plaintiff, Della Vahue, for a new trial upon a case ' containing exceptions, ordered to be heard at the Appellate Division in the first ,instance upon a nonsuit granted by the court after a trial at the Monroe Trial Term. The action was brought to recover for alleged personal injuries caused by the plaintiff’s being struck by an engine on the defendant’s road, moving westerly on track No. 2 at Childs-street, in the westerly portion of the city of Rochester, on the 14th day of August, 1892, at about ten p. -m. At the close of the evidence plaintiff was nonsuited, the defendant…
1Opinion of the Court
Hardin, P. J. :
On the night that jilaintiff received the injuries complained of she had been visiting at the house of Mrs. Melville on the east side of Childs street, south of the defendant’s tracks, and she started to go northerly on the easterly side of Childs street in company with Mr. Smith. Before reaching the Central tracks she was required to cross a switch of the Buffalo, Rochester and Pittsburg road, and she testifies that, after passing the main track of that road, as she was approaching the Central, she stood long enough to look up and down the tracks before she advanced, and as…
2Cases cited4 opinions
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Beisiegel v. . New York Central RailroadNew York Court of Appeals · 1866
- Foran v. New York Cent. & H. R. R.New York Supreme Court · 1892
- Lortz v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894
3Cited by4 opinions
- Meinrenken v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Mixsell v. New York, New Haven & Hartford RailroadNew York Supreme Court · 1897
- Hatch v. New York Central & Hudson River RailroadNew York Supreme Court · 1903
- Jacobs v. Atlantic Coast Line R.Supreme Court of South Carolina · 1928