Flike v. . Boston and Albany R.R. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, denying a motion for a new trial and ordering judgment for plaintiff on a verdict. This action was brought to recover damages for the death of Henry Sipperly, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. Sipperly was killed on the 3d of February, 1870. The circumstances of his death are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, denying a motion for a new trial and ordering judgment for plaintiff on a verdict. This action was brought to recover damages for the death of Henry Sipperly, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. Sipperly was killed on the 3d of February, 1870. The circumstances of his death are sufficiently stated in the opinion. A verdict was rendered in favor of plaintiff. Exceptions were ordered to be heard at first instance at General Term. Defendant was not liable for the…
1Opinion of the Court
Church, Ch. J.
The plaintiff’s intestate was a fireman upon a freight train upon defendant’s road, which left Albany at an early hour on a cold day. Some miles east of Albany eleven cars of another freight train, a short distance in advance, became accidentally detached and ran back and collided with the train on which the deceased was employed, by means of which he was killed. The evidence tended to show that the forward train was deficient in brakemen; that but two were aboard, when there should have been three, which was the usual number; and that if a third brakeman had been there he would…
2Cases cited4 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Coon v. Syracuse & Utica Rail-RoadNew York Supreme Court · 1849
3Cited by148 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Fuller v. . JewettNew York Court of Appeals · 1880
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
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