Burk v. President of Delaware & H. Canal Co.
New York Supreme Court
Appeal from circuit court, Saratoga county. Action by John Burk, as administrator of Edward Burk, deceased, against the president, managers, and company of the Delaware & Hudson Canal Company for the alleged negligence of defendant whereby plaintiff’s intestate was killed. From a judgment entered on the decision of the trial judge dismissing the complaint, plaintiff appeals.
1Opinion of the CourtMayham, P. J.
The plaintiff prosecuted this action as administrator to recover for the alleged negligence of the defendant in the management of its railroad train, by which the plaintiff’s intestate *987was killed. The case discloses that the defendant is a railroad corporation, and that in 1834 it acquired a right of way for its railroad, the line of which has not since that time been changed, over and upon which it has since owned and operated a railroad. That in 1871 the grandfather of the intestate, with whom the intestate resided, purchased a piece of land adjacent to such railroad land, and adjoining it…
2Cases cited7 opinions
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Byrne v. New York Central & Hudson River RailroadNew York Court of Appeals · 1887
- Wendell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
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