Wells v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Mary B. Wells, as administratrix, etc., of George H. Wells, deceased, for a new trial upon a case containing exceptions ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court upon a trial at the Monroe'Trial Term.
1Opinion of the Court
Follett, J.:
■ This action was begun March 5, 1897, to recover damages for the death of the plaintiff’s intestate, her husband, caused, it is alleged, by the negligence of the defendant.. It was brought to trial November 10,1897, at a Trial Term of this court, which dismissed the complaint on the plaintiff’s opening, with costs. The plaintiff excepted to the decision, and her exception was ordered to be heard by this court in the first instance.
The following facts were stated by the plaintiff’s counsel in his opening, and many of them are alleged in the complaint: George H. Wells, the…
2Cases cited2 opinions
- Weston v. . New York Elevated Railroad CompanyNew York Court of Appeals · 1878
- Gordon v. Grand Street & Newtown Rail RoadNew York Supreme Court · 1863
3Cited by5 opinions
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
- Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917
- McLeod v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Middleton v. WhitridgeAppellate Division of the Supreme Court of the State of New York · 1913
- English v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912