Kurt v. Lake Shore & Michigan Southern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Lake Shore and Michigan Southern Eailway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 17th day of May, 1907, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 12th day of March, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
The plaintiff’s intestate was struck by a train, causing his death, while he was attempting to pass around another train which blocked the crossing over which he desired to go. At the time he was struck he was outside the bounds of the street, and on or near the track of the train which struck him.
The serious question in the case, as I view it, is whether the deceased was a trespasser upon the defendant’s railroad tracks in attempting to pass around the standing train. If he was, the only duty the defendant owed him was not to willfully, wantonly or intentionally injure him. (Keller…
2Cases cited6 opinions
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Smith v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1890
- Shea v. . Sixth Avenue R.R. Co.New York Court of Appeals · 1875
- Chicago Junction Railway Co. v. McGrathIllinois Supreme Court · 1903
- Mayer v. Chicago & Alton RailroadAppellate Court of Illinois · 1896
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3Cited by2 opinions
- Chicago & Erie Railroad v. HunterIndiana Court of Appeals · 1916
- Pliss v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1923