Legal Opinion

Carlin v. New York, New Haven & Hartford Railroad

Appellate Division of the Supreme Court of the State of New York

Decided March 31, 1910Published

Reargtoment . of appeal by the plaintiff, Sarah A. Carlin, as administratrix, etc., from separate judgments in favor of the respect tive defendants, entered in the -office of the clerk of the. county of Kings, one on the 1st day of May, 1909, and the other on the 28th day of June, 1909, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, certain questions of fact having been submitted to the jury, arid also from an…

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Reargtoment . of appeal by the plaintiff, Sarah A. Carlin, as administratrix, etc., from separate judgments in favor of the respect tive defendants, entered in the -office of the clerk of the. county of Kings, one on the 1st day of May, 1909, and the other on the 28th day of June, 1909, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, certain questions of fact having been submitted to the jury, arid also from an order entered in said clerk’s office on the 28th day of April, 1909, denying the plaintiff’s motions to set aside the…

1Opinion of the Court

Carr, J.:

The plaintiff’s intestate, Thomas F. Carlin, was in the service of the defendant, the New York Dock Company, as captain of a float on which said defendant transported railroad cars about New York harbor. While the float was in tow of one of the dock company’s *72tugs on its way from Jersey City to Brooklyn a collision occurred between that tow and another tow in charge of the New York, New Haven and.Hartford Eailroad Company. As a result of this collision Thomas F. Carlin lost his life. The plaintiff is his widow and administratrix. She has brought this action against her husband’s…

2Cases cited6 opinions

  1. Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
  2. Gabrielson v. . WaydellNew York Court of Appeals · 1892
  3. Benson v. GoodwinMassachusetts Supreme Judicial Court · 1888
  4. Mathews v. CaseWisconsin Supreme Court · 1884
  5. Belt v. Henry Du Bois' Sons Co.Appellate Division of the Supreme Court of the State of New York · 1904

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