Seybolt v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered on a verdict. This action was brought to recover damages for alleged negligence on the part of the defendant causing the death of Daniel H. Seybolt, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered on a verdict. This action was brought to recover damages for alleged negligence on the part of the defendant causing the death of Daniel H. Seybolt, plaintiff’s intestate. The deceased was, at the time of the accident causing his death, a mail agent or postal cleric in the employ of the United States Government, and was in the discharge of his duties riding in a postal car on defendant’s road.…
1Opinion of the Court
Ruger, Ch. J.
The cause of the accident whereby the plaintiff’s intestate lost his life was left in some doubt by the testimony, and was altogether a matter of inference for the jury to draw from the circumstances appearing in evidence relating thereto.
Ho direct evidence was given on the subject by either party, the defendant seeking to establish the inference that it was occasioned by the breaking of an axle by proving from the evidence of its employes and others that the axle of the engine was found broken after the accident and that its switches were properly set; that the road-bed and…
2Cases cited5 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
- J. Russell Manufacturing Co. v. New Haven Steamboat Co.New York Court of Appeals · 1872
- Stinson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1865
3Cited by26 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Probst v. . DelamaterNew York Court of Appeals · 1885
- People v. . BriggsNew York Court of Appeals · 1889
- Hutt v. Lumbermens Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
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