Devoe v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 13tli day of April, 1901, upon the verdict of a jury for $7,000, and also from an order entered in said clerk’s office on the 16th day of April, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Davy, J.:
This action was brought to recover under the statute (Code Civ. Proc. .§ 1902), damages for the death of plaintiff’s intestate, alleged to have occurred through the negligence of the defendant.
The intestate had been in defendant’s service as car inspector at its passenger station in Syracuse for seven years prior to the accident, which occurred shortly after noon on July 19, 1899. While *496he was between two empty passenger cars, either in uncoupling or inspecting them, they were suddenly pushed together and his head was caught and crushed' between the cars, from which injury he died…
2Cases cited6 opinions
- Byrnes v. . N.Y., L.E. W.R R. Co.New York Court of Appeals · 1889
- Haskin v. N. Y. Central & Hudson River RailroadNew York Supreme Court · 1873
- Corcoran v. . Delaware, Lackawanna and Western Rd. Co.New York Court of Appeals · 1891
- Albert v. New York Central & Hudson River RailroadNew York Supreme Court · 1894
- Kudik v. Lehigh Valley RailroadNew York Supreme Court · 1894
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