Lortz v. New York Cent. & H. R. Railroad
New York Supreme Court
Appeal from circuit court, Genesee county. Action by Mary Lortz, as administratrix of Frederick Lortz, deceased, against the New York Central & Hudson River Railroad Company. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for new trial, made on the minutes of the court, defendant appeals.
1Opinion of the CourtLewis, J.
This action was brought by the plaintiff, as administratrix, to recover damages sustained by the next of kin by the death of her husband, Frederick Lortz. Lortz was killed while attempting to cross the defendant’s track, in the village of Batavia, by coming in collision with one of the defendant’s locomotives. We assume, in disposing of this appeal, that the juiy was justified in finding that the defendant’s negligence caused the death of the deceased. Whether the deceased was shown to be free from negligence contributing to his death is the serious question in the case. The defendant’s road…
2Cases cited3 opinions
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Harris v. CarpenterIndiana Supreme Court · 1887
- McNamara v. New York Cent. & H. R. R.New York Supreme Court · 1892
3Cited by8 opinions
- Lee v. . R. R.Supreme Court of North Carolina · 1920
- Lortz v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Vahue v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Lee v. Southern RailroadSupreme Court of North Carolina · 1920
- Manley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
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