Beecher v. Long Island R. Co.

• Decision Date: 09 January 1900
• Citation: 55 N.E. 899,161 N.Y. 222
• Parties: BEECHER v. LONG ISLAND R. CO.
• Court: New York Court of Appeals Court of Appeals

161 N.Y. 222

55 N.E. 899

BEECHER

v.LONG ISLAND R. CO.

Court of Appeals of New York.

Jan. 9, 1900.

Appeal from supreme court, appellate division, Second department.

Action by Anna M. Beecher, as executrix, against the Long Island Railroad Company. From a judgment of the appellate division (55 N. Y. Supp. 23) reversing a judgment for defendant, defendant appeals. Affirmed.

At Jamaica the defendant's tracks, four in number, run substantially east and west. A high fence separates the two southerly or east-bound tracks from the northerly or west-bound tracks. On the northerly side of all the tracks is a station. There was evidence tending to show that for many years it had been the custom of the Long Island City trains to take the north track, which is the one next to the station, and is called the ‘main west-bound track’; while passengers from Brooklyn took trains on the south west-bound track, and in doing so had to pass over the platform between the station and the north-bound track, thence across the north-bound track to the platform, which had been erected between the two tracks for the accommodation of passengers, and thence across the platform to the cars. For some months prior to the 26th day of January, 1897, the plaintiff's testator had resided at Jamaica, and was a commuter on the defendant's road, using the train locally termed the ‘Rapid Transit for Brooklyn,’ which left on the south west-bound track for Brooklyn every morning at 6 o'clock. There was evidence tending to show that there had been a few occasions on which the train had left Jamaica on the north track, but it had been the custom for a number of years for it to leave on the south track, and, if there were any occasions when it did not, they constituted, as is conceded, simply exceptions to the rule. At this hour of the day there was but a very short interval of time between trains on these tracks. The train in question was due to leave the station at 6:04, the Hempstead train at 5:55, and the Rockaway train was due to start between those two periods. The Hempstead train usually went on the south track, and the Rockaway train on the north track, and was almost immediately followed by the Rapid Transit for Brooklyn on the south track; but in some way, the flagman says, the Rockaway, instead of being the second train to start, was the first, and, the Hempstead train being the second, it went on the south track, and but shortly before the Rapid Transit for Brooklyn was due. On the morning of the day in question the weather was cold, and the passengers were within the station building, when the doorman opened the door leading to the station, and called out ‘Rapid Transit for Brooklyn,’ and the passengers reshed out, the plaintiff's testator preceding them all, and when...