Hicks v. Erie Railroad

Appellate Division of the Supreme Court of New York

Hicks v. Erie Railroad

10 A.D.2d 795, 197 N.Y.S.2d 803, 1960 N.Y. App. Div. LEXIS 11492

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

DecidedMarch 2, 1960

StatusPublished

Cited by1 cases

This text of 10 A.D.2d 795 (Hicks v. Erie 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

Hicks v. Erie Railroad, 10 A.D.2d 795, 197 N.Y.S.2d 803, 1960 N.Y. App. Div. LEXIS 11492 (N.Y. Ct. App. 1960).

Pincite

Opinion

— Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The court should have charged that, at a grade crossing, a railroad train has the right of way over an automobile on the intersecting highway (Caledonia Ins. Co. v. Erie R.R. Co., 219 App. Div. 685; 1 Encyclopedia, New York Law of Automobiles, § 851; 4 N. Y. Juris., Automobiles, § 543). The defendant’s request to charge with respect to this point may have been somewhat prolix but it sufficiently directed the court’s attention to the deficiency in its charge. (Appeal from a judgment of Niagara Trial Term for plaintiff in an action for property damage and personal injuries sustained in a collision between a motor vehicle owned and operated by plaintiff and a railroad Diesel engine owned and operated by defendant. The order denied a motion for a new trial.) Present •— Williams, P. J., Bastow, Halpern, MoClusky and Henry, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The court should have charged that, at a grade crossing, a railroad train has the right of way over an automobile on the intersecting highway (Caledonia Ins. Co. v. Erie R.R. Co., 219 App. Div. 685; 1 Encyclopedia, New York Law of Automobiles, § 851; 4 N. Y. Juris., Automobiles, § 543). The defendant’s request to charge with respect to this point may have been somewhat prolix but it sufficiently directed the court’s attention to the deficiency in its charge. (Appeal from a judgment of Niagara Trial Term for plaintiff in an action for property damage and personal injuries sustained in a collision between a motor vehicle owned and operated by plaintiff and a railroad Diesel engine owned and operated by defendant. The order denied a motion for a new trial.) Present •— Williams, P. J., Bastow, Halpern, MoClusky and Henry, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

10 A.D.2d 795, 197 N.Y.S.2d 803, 1960 N.Y. App. Div. LEXIS 11492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hicks-v-erie-railroad-nyappdiv-1960.

Opinion

Related

Cite This Page — Counsel Stack