Niles v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered' in the office of. the clerk of the county of Oneida on the 6th day of February, 1895, upon the verdict of a jury rendered • after a trial at the Oneida Circuit, and also from'an order entered in .said clerk’s office on the .26th day iof October, 1895* denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Green, J.:
This action was brought to recover damages for the alleged negligent killing of the plaintiff’s intestate, Charles H. Niles. The deceased had been in the employ of the defendant for thirty-eight years, in different capacities, and at the time of his death was the conductor of a work train. February 9, 1895, was a stormy day, and had been preceded by two or three very stormy, snowy days. The snow storm was accompanied by high winds, and the air was filled with blustering, blowing and falling snow, making drifts on the tracks. Men were engaged east of Oneida in clearing the tracks of…
2Cases cited3 opinions
- Slater v. . JewettNew York Court of Appeals · 1881
- Corcoran v. . Delaware, Lackawanna and Western Rd. Co.New York Court of Appeals · 1891
- Simpson v. Central Vermont RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- Moyer v. Ann Arbor RailroadMichigan Supreme Court · 1910
- Gaska v. American Car & Foundry Co.Missouri Court of Appeals · 1907
- Seccombe v. Detroit Electric RailwayMichigan Supreme Court · 1903
- Belt v. Henry Du Bois' Sons Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Shannon v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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