Cooper v. New York, Ontario & Western Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York, Ontario and Western Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 18tli day of January, 1897, upon the verdict .of a jury for $15,000, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Follett, J.:
This action was begun February 29, 1896, to recover damages occasioned by the death of the plaintiff’s intestate, her husband, caused, it is -alleged, by the negligence of the defendant.
The accident which caused the death arose out of the following *384facts: The Chicago Limited, No. 5, a passenger train from New York city running north, was due at Bernard’s Bay at one-fifteen a. m., August 18, 1895. Trains Nos. 5 and 30 were due to meet and pass at twelve-fifty-three a. m. at Sylvan, a station a few miles east of Bernard’s Bay, but No. 30 being late, its conductor was directed to…
2Cited by1 opinion
- Foster v. . International Paper Co.New York Court of Appeals · 1905