Ernst v. . Hudson River Railroad Co.

Appeal from judgment of the Supreme Court in the third judicial district, sustaining a nonsuit on the trial at the Rensselaer Circuit. The action was brought by the plaintiff, as the widow and executrix of the testator, for damages sustained by the act of the defendant, in negligently and unlawfully killing her husband, at the,village of Bath, on the 29th day of December, 1855. The suit was commenced in 1856. The first trial was before Mr. Justice Gould, who nonsuited the plaintiff. The case was heard at General Term, before Judges Hogeboom, Beckham and Gould. The nonsuit was set aside and a…