Dempsey v. New York Cent. & H. R. R.
New York Supreme Court
Appeal from circuit court, Erie county. Action by Catherine Dempsey, as administratrix of John J. Dempsey, deceased, against the New York Central & Hudson River Railroad Company, to recover damages for the death of plaintiff’s intestate, alleged to have been caused by defendant’s negligence. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on a case and exceptions, defendant appeals. Affirmed.
1Opinion of the CourtBradley, J.
The death of the plaintiff’s intestate was caused by cars suddenly coming together while he was between them, upon the track in the defendant’s yard at Buffalo, on December 13, 1892. The question is whether the charge that the death was the result of the negligence of the defendant is supported by evidence. On October 6, 1892, the defendant entered into a contract with W. J. Gillette, whereby the latter agreed to repair, in the manner specified, the roof of the train shed of the Exchange street passenger station of the defendant, at the city of Buffalo, and to-commence the work within five…
2Cases cited5 opinions
- Newson v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Goodfellow v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Driscoll v. Newark & Rosendale Lime and Cement Co.New York Court of Appeals · 1868
- Young v. New York Central Rail RoadNew York Supreme Court · 1859
- Murphy v. New York Canal & Hudson River RailroadNew York Court of Appeals · 1890
3Cited by8 opinions
- Jones v. Southern Pacific Co.California Court of Appeal · 1925
- Wells v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Conrad v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- McCarty v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Goodall v. New York Cent. & H. R. R.New York Supreme Court · 1895
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