McCarthy v. New York, N. H. & H. R.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by William J. McCarthy, as administrator of William E. McCarthy, deceased, against the New York, New Haven & Hartford Railroad Company. Judgment for the defendant on directed verdict, and plaintiff brings error. The plaintiff is the duly appointed administrator of William F. McCarthy, deceased, and resides in the village of Port Chester, county of Westchester, state of New York.
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In Error to the District Court of the United States for the Southern District of New York. Action by William J. McCarthy, as administrator of William E. McCarthy, deceased, against the New York, New Haven & Hartford Railroad Company. Judgment for the defendant on directed verdict, and plaintiff brings error. The plaintiff is the duly appointed administrator of William F. McCarthy, deceased, and resides in the village of Port Chester, county of Westchester, state of New York. The defendant is a corporation organized and existing under the laws of the state of Connecticut, having an office for…
1Opinion of the Court
ROGERS, Circuit Judge.
This is an action to recover damages for causing the death of the plaintiff’s son through negligence. The court below dismissed the complaint on the ground that there was no evidence showing negligence on the part of defendant. The accident which resulted in decedent’s death occurred on April 24, 1902. The action was commenced in December, 1902. It was not brought on for trial until May 8, 1912, and judgment was not entered until January 11, 1916. It is understood that the long delay in the prosecution of the suit was occasioned by the plaintiff’s lack of means.
The…
2Cases cited41 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
36 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Guerrero Ex Rel. Guerrero v. Alaska Housing Finance Corp.Alaska Supreme Court · 2000
- Michael Francis Fay Jones, a Minor, by His Father and Next Friend, Arthur Edgar Jones, Jr., and Arthur Edgar Jones, Jr. v. United StatesCourt of Appeals for the Fourth Circuit · 1957
- Sears v. Texas & N. O. Ry. Co.Texas Commission of Appeals · 1924
- Williams v. Kansas City, Clay County & St. Joseph Railway Co.Missouri Court of Appeals · 1928
- Ortiz v. American RailroadSupreme Court of Puerto Rico · 1943
8 more not listed; retrieve them via the Exa API.