Miller v. New York Cent. & H. R. R.
New York Supreme Court
Appeal from circuit court, Niagara county. Action by Sophia A. Miller and John G. Miller, as administrators of John H. Miller, deceased, against the New York Central & Hudson River Railroad Company to recover damages for the death of plaintiffs’ intestate, alleged to have been caused by defendant’s negligence. From a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial, made on the minutes of the court, defendant appeals.
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Appeal from circuit court, Niagara county. Action by Sophia A. Miller and John G. Miller, as administrators of John H. Miller, deceased, against the New York Central & Hudson River Railroad Company to recover damages for the death of plaintiffs’ intestate, alleged to have been caused by defendant’s negligence. From a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial, made on the minutes of the court, defendant appeals. Reversed.
1Opinion of the CourtBradley, J.
The death of the plaintiffs’ intestate occurred at a highway crossing of the Rome, Watertown & Ogdensburgh Railroad, operated by the defendant, in June, 1892. He was riding in a wagon drawn by a pair of horses driven by him going east upon what is known as the “Braley Road,” which crosses at right angles a highway known as the “Randolph Road,” in the town of Wilson, county of Niagara. His team went upon the track of the railroad, which crosses the intersection of the two roads in a northeasterly and southwesterly direction. His wagon was struck, and he was killed, by a train from the…
2Cases cited4 opinions
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Salter v. . Utica Black River Railroad Co.New York Court of Appeals · 1882
- Cosgrove v. New York Central & Hudson River RailroadNew York Court of Appeals · 1881
3Cited by1 opinion
- Becker v. Colonial Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1912