Legal Opinion

McGovern v. Central Vermont R. R.

New York Court of Appeals

Decided October 7, 1890PublishedCited by 78 opinions

Appeal from judgment of the supreme court, general term, third department, affirming judgment in favor of defendant, entered upon a nonsuit directed by the court at the close of plaintiff’s "testimony, upon a trial before a jury at St Lawrence county court

1Opinion of the Court

Ruger, Ch. J.

Thomas McGovern, the plaintiff’s intestate, a laborer in the employ of the defendant, was killed while engaged in cleaning out a bin containing grain. The defendant operated a railroad and owned a grain elevator at •Ogdensburg, and was engaged in the business of transporting •grain and other freight upon its railroad. The elevator contained one hundred and forty-four bins, wooden structures, about fifty feet in height and twelve or fourteen feet square, terminating at the bottom in a sort of double hopper, from which spouts, several feet in length and about six inches square, ran…

2Cases cited3 opinions

  1. Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
  2. Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
  3. Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878

3Cited by78 opinions

  1. Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
  2. Knisley v. . PrattNew York Court of Appeals · 1896
  3. Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
  4. Hess v. Bernheimer & Schwartz Pilsener Brewing Co.New York Court of Appeals · 1916
  5. Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906

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