Hyperlawhypertext legal database Edwards v. New York Central & Hudson River Railroad 220 N.Y. 611

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Edwards v. New York Central & Hudson River Railroad

220 N.Y. 611 Court N.Y. Decision date 1917-02-06 English

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p. 611
Minnie E. Edwards, as Administratrix of the Estate of Lehman Edwards, Deceased, Appellant, v. New York Central and Hudson River Railroad Company, Respondent.

Headnote

Edwards v. N. Y. C. & H. R. R. R. Co., 169 App. Div. 686 , affirmed.
(Argued January 22, 1917;
decided February 6, 1917.)
Apeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 19, 1915, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence-of defendant. The plaintiff’s intestate was struck and killed by a through passenger train of the defendant’s West Shore railroad, while he was crossing the tracks of the said railroad at the Ridgefield Park station, in New Jersey. The Appellate Division held that ‘1 the proofs preponderating^ show the plaintiff’s intestate guilty of negligence on his own part, in disregarding the defendant’s signals and warnings. ”
Thomas J. O’Neill and Leonard F. Fish for appellant.
John F. Brennan for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan and Crane, JJ. Dissenting: Cardozo, J.