New York, N. H. & H. R. Co. v. Baker
Court of Appeals for the Second Circuit
In Error to tbe Circuit Court of the United States for the Southern District of Hew York. This is a writ of error to the circuit court, Southern district of Hew York, to review a judgment in favor of defendant in error, who was plaintiff below, entered upon the verdict of a jury against plaintiff in error, who was defendant below.
Read the full summary
In Error to tbe Circuit Court of the United States for the Southern District of Hew York. This is a writ of error to the circuit court, Southern district of Hew York, to review a judgment in favor of defendant in error, who was plaintiff below, entered upon the verdict of a jury against plaintiff in error, who was defendant below. The action was brought to recover damages for Qie loss of services of plaintiff’s wife, caused by an injury received by her while a passenger on a train operated by defendant. The facts sufficiently appear in the opinion.
1Opinion of the Court
LACOMBE, Circuit Judge.
The accident happened April 17, 1895, in that part of 4th avenue called “Park Avenue,” near 109th street, .New York City, at which place the work known as the “Fourth Avenue Improvement” was at that time in progress. The plaintiff’s wife was riding in the last coach of a passenger train of defendant coming from Mt. Vernon to Grand Central Depot, New York City. The circumstances of the accident are accurately set forth in the brief of plaintiff in error as follows:
“Tlie train was running' past that portion of the avenue where there is now an elevated stone viaduct. The…
2Cases cited8 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
- Murray v. Lehigh Valley RailroadSupreme Court of Connecticut · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- De Vito v. United Air Lines, Inc.District Court, E.D. New York · 1951
- Southern Ry. Co. v. HusseyCourt of Appeals for the Eighth Circuit · 1930
- Clark v. TarrIdaho Supreme Court · 1954
- Austro-American S. S. Co. v. ThomasCourt of Appeals for the Second Circuit · 1917
- Farmers' Loan & Trust Co. v. Northern Pac. R.U.S. Circuit Court for the District of Southern New York · 1902