Murphy v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 1, 1909, affirming a judgment in favor of plaintiff entered upon a- verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in receiving evidence as to the services rendered and moneys expended by deceased for plaintiff’s children.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 1, 1909, affirming a judgment in favor of plaintiff entered upon a- verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in receiving evidence as to the services rendered and moneys expended by deceased for plaintiff’s children. (Gladding v. Follett, 2 Dem. 58; 30 Hun, 219; 95 N. Y. 652; Murphy v. Holmes, 87 App. Div. 366; Beardsley v. Hotchhiss, 96 N. Y. 201; Tilly v. H. R. R. R. Co., 24 N. Y. 471; Lipp v. Otis…
1Opinion of the CourtWerner, J.
On July 30th, 1908, Emily J. Warth, the plaintiff’s intestate, while riding in a wagon upon the invitation of the driver thereof, was killed in a collision between the wagon and one of the defendant’s trains. The accident occurred in the city of Corning at the place where the defendant’s tracks cross First street. There were gates at this crossing intended for the protection of travelers upon the highway, but through the neglect of the defendant they were not lowered at the approach of the colliding train. This is the usual action for damages, brought by the administratrix of the intestate.…
2Cases cited5 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Lipp v. . Otis Brothers Co.New York Court of Appeals · 1900
3Cited by16 opinions
- Loetsch v. New York City Omnibus Corp.New York Court of Appeals · 1943
- In Re the Accounting of MengNew York Court of Appeals · 1919
- Franchel v. SimsAppellate Division of the Supreme Court of the State of New York · 1980
- In re the Estate of PridellNew York Surrogate's Court · 1954
- DeLuca v. GalloAppellate Division of the Supreme Court of the State of New York · 2001
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