Litchfield v. Buffalo, Rochester & Pittsburgh Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Cattaraugus county. Action by Royal S'. Litchfield, administrator of Matthew Murphy, deceased, against the Buffalo, Rochester & Pittsburgh Railway Company. From a judgment for plaintiff, and from an order denying new trial, defendant appeals.
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Appeal from trial term, Cattaraugus county. Action by Royal S'. Litchfield, administrator of Matthew Murphy, deceased, against the Buffalo, Rochester & Pittsburgh Railway Company. From a judgment for plaintiff, and from an order denying new trial, defendant appeals. The action was commenced on the 5th day of November, 1897, to recover damages sustained by the heirs and next of kin of the plaintiff’s intestate on account of his death, alleged to have been caused through the negligence of the defendant, and without any fault or contributory negligence on his part.
1Opinion of the CourtMcLENNAN, J.
Plaintiff’s intestate was killed on the 6th day of November, 1896, while in the employ of the defendant, assisting as mason’s helper in constructing a stone culvert at the bottom of an excavation which he had helped to make, and which extended across the embankment of defendant’s railroad near the village of Warsaw, N. Y., by the caving in and falling upon him of a quantity of earth from one side of the excavation. At the place in question the railroad ran upon an embankment about 10 feet high, which was 10 feet wide on the top, and about 30 feet in width at the bottom. It became necessary to…
2Cases cited6 opinions
- Butler v. . TownsendNew York Court of Appeals · 1891
- Perry v. . RogersNew York Court of Appeals · 1898
- Di Vito v. . CrageNew York Court of Appeals · 1901
- Eichholz v. Niagara Falls Hydraulic Power & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Golden v. SieghardtAppellate Division of the Supreme Court of the State of New York · 1898
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