Lundergan v. New York Central & Hudson River Railroad

1. The first of these cases is brought by the plaintiff as the administratrix of the estate of her minor son, William Lundergan, to recover damages for his death without conscious suffering. The death was caused by one of the defendant’s trains running into a covered milk wagon, which contained one Rogers, a boy named St. Thomas, and the deceased, while the wagon was being driven by Rogers through Gardner Street in Worcester over a grade crossing of the defendant’s railroad. At the trial the defendant conceded that the case should be submitted to the jury if there was evidence of due care on…