Sutton 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. (Reported below, 4 Hun, 760.) . This action was brought for the alleged negligent killing of William Sutton, plaintiff’s intestate. « The deceased was employed in the carpenter shop of the Clinton foundry, situate west and adjacent to defendant’s tracks and roadway in the city of Troy.
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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. (Reported below, 4 Hun, 760.) . This action was brought for the alleged negligent killing of William Sutton, plaintiff’s intestate. « The deceased was employed in the carpenter shop of the Clinton foundry, situate west and adjacent to defendant’s tracks and roadway in the city of Troy. At a point opposite this shop the employes in the foundry had for a long time been in the habit of crossing the track to reach Madison street. There…
1Opinion of the CourtAndrews, J.
The plaintiff’s intestate, at the time he was killed, was on the track and premises of the defendant. He had left the shop where he was employed with the intention of crossing the railroad track so as to reach a public street which extended to, and abutted upon, the defendant’s road. The place where he was, at the time of the accident, was not a public way, and there was no public right of passage over the track. He was not, however, a trespasser in going up it. There was, under the circumstances proved, an implied license for the workmen in the foundry to cross the track at this point for…
2Cases cited1 opinion
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
3Cited by10 opinions
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Morris v. . BrownNew York Court of Appeals · 1888
- Byrne v. New York Central & Hudson River RailroadNew York Court of Appeals · 1887
- Griswold v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
- Hope v. Fall Brooke Coal Co.Appellate Division of the Supreme Court of the State of New York · 1896
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