Fiddler v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Fiddler, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 22d day of October, 1900, upon a nonsuit granted after a trial at the. Onondaga Trial Term.
Read the full summary
Appeal by the plaintiff, Thomas Fiddler, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 22d day of October, 1900, upon a nonsuit granted after a trial at the. Onondaga Trial Term. The action was begun on the 1st day of June,, 1899, to recover damages for injuries sustained -by the plaintiff oii the 19th day of February, 1898, while walking south on a highway near the village of Weedsport, in the county of ■ Cayuga, N. Y., and in attempting to cross defendant’s double-track railroad, which extends east and…
1Dissent
Adams, P. J. (dissenting):
This court ha§, recently held that a recovery is not impossible because it can be shown that a traveler, upon a highway ought to have discovered an approaching train in time to have avoided coming into-collision with it, if he had been upon the lookout for it (Seeley v. N. Y. C. & H. R. R. R. Co., 8 App. Div. 402), and this decision was followed with approval in Turell v. Erie R. R. Co. (49 App. Div. 94).
In the prevailing opinion it is said that the plaintiff must have seen the train which struck him if he looked at the time and in the direction testified to by him.…
2Cases cited6 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Seeley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Pruey v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.