Kenney v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 19, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages by reason of the death of plaintiff’s intestate, alleged to have been caused by the negligence of defendant while decedent was traveling on one of its trains as an employe of the Hational Express Company as messenger.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 19, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages by reason of the death of plaintiff’s intestate, alleged to have been caused by the negligence of defendant while decedent was traveling on one of its trains as an employe of the Hational Express Company as messenger. The material facts are stated in the opinion. The contract between the express company and the railroad company relieves the…
1Opinion of the CourtGray, J.
It was admitted by the defendant that the death of plaintiffs intestate was caused by the negligence of its employes; but it claims to have been relieved of any liability in such an event, by reason of a contract between it and the express company, in whose service the intestate was employed' as a railroad messenger. Whether such was the effect with respect to the claim of the plaintiff, is the main and controlling question in the case. This contract was between the ¡National Express Company and the defendant, and concerned the business of the express company over the latter’s railroad. It…
2Cases cited3 opinions
- Perkins v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Blair v. . Erie Railway CompanyNew York Court of Appeals · 1876
- Holsapple v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1881
3Cited by3 opinions
- Zimmer v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1893
- Zimmer v. New York Central & Hudson River RailroadNew York Court of Appeals · 1893
- Rubens v. Ludgate Hill Steamship Co.New York Supreme Court · 1892