Durkin v. . Sharp
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court, in the second judicial department, entered upon an order made May 8, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of Michael Durbin, plaintiff’s testator.
Read the full summary
Appeal from judgment of the General Term of the Supreme ■Court, in the second judicial department, entered upon an order made May 8, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of Michael Durbin, plaintiff’s testator. The plaintiff should have been nonsuited on the ground that there was no evidence showing that the derailment of the train was due to any negligence on the part of the defendant. (Baulec v. N. Y. & Harlem R. R. Co., 59 N. Y. 356, 366; McDermotts. N. Y. C. R. R.…
1Opinion of the CourtTracy, J.
The plaintiff’s intestate was an engineer in the service of the defendant, who was engaged in the operation of the Long Island railroad and its leased lines, as receiver under the order and authority of the Supreme Oourt.
On the 12th day of September, 1878, while running a train for Bockaway, over the line of the Southern railroad, a leased line, he sustained fatal injuries by the derailment of the engine and train. Plaintiff claimed upon the trial, and produced testimony tending to show that the defendant’s track was defective at the place of the derailment. The defendant controverted this…
2Cited by24 opinions
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Tierney v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
- Egan v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Southern Kansas Railway Co. v. SageTexas Supreme Court · 1905
- Cline v. PowellSupreme Court of Florida · 1939
19 more not listed; retrieve them via the Exa API.