Cordell v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the death of Christopher B. Cordell, plaintiff’s intestate, alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the death of Christopher B. Cordell, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. The case is reported on former appeals in 70 N. Y., 119, and 64 N. Y., 535. The deceased was killed by a locomotive attached to an emigrant train going east on defendant’s road, while he was attempting to cross its tracks at a farm crossing, which had to some extent been…
1Opinion of the CourtEarl, J.
To maintain this action the plaintiff must show that the death of the intestate was caused solely by the negligence of the defendant, and this she must show by competent proof. It must not be left to mere speculation. She has the burden upon the whole case to show that the negligence of the intestate did not in any degree contribute to the accident.
The care which persons are required to exercise at railroad crossings to avoid danger is such as prudent persons conscious of the danger to which they may be exposed usually exercise. And this requires the vigilant use of the ear in listening, and…
2Cases cited1 opinion
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
3Cited by69 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Ham v. County of Los AngelesCalifornia Court of Appeal · 1920
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Bond v. . SmithNew York Court of Appeals · 1889
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