Cameron 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 third judicial department, entered upon an order made May 8, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused through the negligence of defendant. The facts, as far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 8, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused through the negligence of defendant. The facts, as far as material, are stated in the opinion. The motion to non-suit and to dismiss the complaint should have been granted. (Penal Code, §§ 195,424; Jaquinto v. R. R.…
1Opinion of the CourtO’Brien, J.
On the 2d of May, 1891, Allen Cameron, the plaintiff’s son and intestate, about twenty years of age, received injuries while in the defendant’s service as a brakeman on the West Shore branch of its road, at Marlboro station, which subsequently resulted in his death.
There is no dispute in regard to the facts which describe the accident. A train going north, at a high rate of speed, ran into an open cross-over switch upon the south-bound track and came in collision with some standing freight cars, behind which deceased was at work, causing them to be suddenly and violently moved back over him,…
2Cases cited2 opinions
- Coppins v. N. Y. C. & H. R. R. R.New York Court of Appeals · 1890
- Wall v. . the Delaware, Lackawanna and Western R.R. Co.New York Court of Appeals · 1891
3Cited by2 opinions
- Fleming v. Northern Tissue Paper MillWisconsin Supreme Court · 1908
- Glens Falls National Bank v. NostrandNew York Supreme Court · 1903