Burke v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of New York

Burke v. New York Central & Hudson River Railroad

150 N.Y.S. 1078

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 11, 1914

StatusPublished

This text of 150 N.Y.S. 1078 (Burke v. New York Central & Hudson River Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burke v. New York Central & Hudson River Railroad, 150 N.Y.S. 1078 (N.Y. Ct. App. 1914).

Pincite

Opinion

PER CURIAM.

Defendant’s exceptions sustained, order denying motion to set aside the verdict reversed, verdict set aside, and verdict directed for the defendant, with costs in this court and the trial court. Held, defendant owed no duty to the plaintiff to mark the rear end of its train with lights, and was nob guilty [1079]*1079of negligence as to the plaintiff if it failed to do so. Plaintiff was guilty of contributory negligence as matter of law.

KRUSE, P. J., dissents, upon the ground that the defendant’s negligence, as well as the plaintiff’s contributory negligence, were questions of fact under the evidence.

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PER CURIAM.

Defendant’s exceptions sustained, order denying motion to set aside the verdict reversed, verdict set aside, and verdict directed for the defendant, with costs in this court and the trial court. Held, defendant owed no duty to the plaintiff to mark the rear end of its train with lights, and was nob guilty [1079]*1079of negligence as to the plaintiff if it failed to do so. Plaintiff was guilty of contributory negligence as matter of law.

KRUSE, P. J., dissents, upon the ground that the defendant’s negligence, as well as the plaintiff’s contributory negligence, were questions of fact under the evidence.

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Bluebook (online)

150 N.Y.S. 1078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-new-york-central-hudson-river-railroad-nyappdiv-1914.