Hulse v. New York, Ontario & Western Railroad
New York Supreme Court
Appeal from circuit court, Orange county. Action by Jane Ann Hulse, administratrix of the estate of Oharles Hulse, deceased, against the Hew York, Ontario & Western Bailroad Company, to recover damages for the death of plaintiff’s intestate, caused by defendant’s negligence. From a judgment of nonsuit, plaintiff appeals.
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Appeal from circuit court, Orange county. Action by Jane Ann Hulse, administratrix of the estate of Oharles Hulse, deceased, against the Hew York, Ontario & Western Bailroad Company, to recover damages for the death of plaintiff’s intestate, caused by defendant’s negligence. From a judgment of nonsuit, plaintiff appeals. Plaintiff alleged in her complaint that on or about the 27th day of February, 1892, the said Charles Hulse, while in the act of unloading some lumber on one of defendant’s cars, on the track of defendant, near the creamery of one D. W. Berry, and while adjusting a plank along…
1Opinion of the CourtBarnard, P. J.
The facts in this case áre substantially uncontradicted. The defendant company received a car load of lumber, consigned to one of its engineers. One Berry was erecting a creamery on the company’s lands at his own expense. The dumber was delivered to Berry and his builder, one Terwilliger. They took possession of- the car load of lumber, and Terwilliger, who was building by contract with Berry, proceeded to unload the lumber from the car. It was held in place by four stakes, two on each side, and these stakes were fastened on the top by-cross pieces. Terwilliger commenced to unload by removing…
2Cases cited3 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Thomas v. . HengesNew York Court of Appeals · 1892
3Cited by1 opinion
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. NicholsIndiana Court of Appeals · 1921