Brassell 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 fourth judicial department, entered upon an order made January 6, 1880, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the death of Ellen C. Brassell, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 6, 1880, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the death of Ellen C. Brassell, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. The facts appear sufficiently in the opinion. The motion for a non-suit should have been granted upon the ground that the negligence of plaintiff’s intestate contributed to the injury i (Gonzales v. N. Y. & H. R. R. Co., 38 N. Y.…
1Opinion of the CourtAndrews, J.
On the morning of April 10, 1868, the plaintiff’s intestate, a girl seventeen years of age, entered the cars of the defendant at Syracuse to go to East Syracuse, a station on the line of defendant’s road, where she had resided for seventeen months prior to that time. The train was not one of the regular passenger trains upon the defendant’s road. It ran in the morning from Syracuse to East Syracuse, primarily for the purpose of conveying employees of the road to the latter place, where a machine shop and freight-house of'the defendant were located, and returned in the evening to take the…
2Cited by9 opinions
- Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Mack v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1915
- Wilkinson v. United Railroads of San FranciscoCalifornia Supreme Court · 1924
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