Oldenburg v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior ■Court of the city of Buffalo, entered upon an order made ■October 17,1890, which affirmed a judgment in favor of plaintiffs entered upon a verdict and denied a motion for a new trial. This action was brought to recover damages for alleged negligence in causing the death of Charles Oldenburg, plaintiffs’ intestate. The facts are -stated in the opinion.
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Appeal from judgment of the General Term of the Superior ■Court of the city of Buffalo, entered upon an order made ■October 17,1890, which affirmed a judgment in favor of plaintiffs entered upon a verdict and denied a motion for a new trial. This action was brought to recover damages for alleged negligence in causing the death of Charles Oldenburg, plaintiffs’ intestate. The facts are -stated in the opinion. It was error to submit the ■questions of negligence in this case to the jury. The court should have nonsuited the plaintiff or directed a verdict in favor of the defendant. (Becht v.…
1Opinion of the CourtVann, J.
Chicago street, in the city of Buffalo, runs substantially north and south, and is crossed. at right angles by *416three railroad tracks operated by the defendant. The distance, from the north rail of the north track to the south rail of the south track is twenty-eight feet and five inches. Each of the tracks is four feet eight and one-half inches between the rails. It is seven feet three and one-half inches from the south rail of the north track to the north rail of the middle-track, and seven feet from the south rail of the middle track to the north rail of the south track. There are safety…
2Cases cited2 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Woodard v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
3Cited by25 opinions
- Evansville & Terre Haute Railway Co. v. BerndtIndiana Supreme Court · 1909
- Northern Pacific Railroad v. AmatoSupreme Court of the United States · 1892
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1911
- Kirby v. Southern Pacific Co.Oregon Supreme Court · 1923
- Wallenburg v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1910
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