Lynch v. New York, New Haven & Hartford Railroad

This is an action of tort brought by the plaintiff to recover for the conscious suffering and death of her late husband, Thomas Lynch (hereinafter referred to as Lynch), while he was in the employ of the defendant. The action was brought under the Federal employers’ liability act (35 U. S. Sts. at Large, 65, c. 149, 36 U. S. Sts. at Large, 291, c. 143; U. S. C. Title 45, §§ 51-59) against the defendant, and was tried on a substitute declaration. The defendant’s exceptions relate solely to the allowance of the plaintiff’s substitute declaration.

The jury returned a verdict for the plaintiff in…