Merkle v. New York, Lake Erie & Western Railroad

The opinion of the court was delivered by

The Chancellor.

One of these suits was brought by John Sohwinge to recover damages for the destruction of his property, a wagon and contents, by a collision with a train running upon the company’s railroad, and the other by the administratrix of the person who drove the wagon for Schwinge at the time of the collision, and who was killed therein, for damages for such killing. The causes, with another for damages for the killing, in the same accident, of a lad who was in the wagon at the time, and which cause went to a verdict, were all tried together. At…