Steves v. . Oswego and Syracuse Railroad Company.
New York Court of Appeals
Appeal from the Supreme Court. Action for damages from alleged negligence of the defendant in running a train of cars against the wagon in which the plaintiff was crossing the defendant’s track. The trial was at the Onondaga Circuit, before Mr. Justice Bacon. Upon the conclusion of the plaintiff’s evidence, which is sufficiently stated in the following opinion, he was nonsuited by the court and took an exception.
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Appeal from the Supreme Court. Action for damages from alleged negligence of the defendant in running a train of cars against the wagon in which the plaintiff was crossing the defendant’s track. The trial was at the Onondaga Circuit, before Mr. Justice Bacon. Upon the conclusion of the plaintiff’s evidence, which is sufficiently stated in the following opinion, he was nonsuited by the court and took an exception. The exception was heard in the first instance at general term, and judgment being rendered for the defend* ant, the plaintiff appealed to this court.
1Opinion of the CourtHarris, J.
The testimony in this case presents an instance of surprising negligence and inattention on the part of the plaintiff. After riding along parallel to and in plain sight of the railroad track for the distance of about a mile, he undertook to cross the track, his horses being upon a walk. The day was cold and the wind blowing fresh from the northwest. He was traveling against the wind. His coat was turned up around his ears and a fur cap drawn down over them. With his hearing thus obstructed, and with abundant opportunity to see and avoid the approaching train, if he would but look, he advanced…
2Cases cited3 opinions
- Stuart v. SimpsonNew York Supreme Court · 1828
- Haring v. New-York & Erie RailroadNew York Supreme Court · 1852
- Brooks v. Buffalo & Niagara Falls Rail RoadNew York Supreme Court · 1854
3Cited by31 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Phelps v. . WaitNew York Court of Appeals · 1864
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Indiana, Bloomington & Western Railway Co. v. HammockIndiana Supreme Court · 1887
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