Huebner v. Erie Railroad
Supreme Court of New Jersey
On error to the Supreme Court. This suit was brought to recover damages for the death of William Huebner, son^of the plaintiff, caused by the alleged negligence of the defendant. At the time of the injury the plaintiffs intestate was employed by the defendant as a fireman, and was, in the performance of his duty, upon his engine, standing at a point where the engine was coupled to the tender.
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On error to the Supreme Court. This suit was brought to recover damages for the death of William Huebner, son^of the plaintiff, caused by the alleged negligence of the defendant. At the time of the injury the plaintiffs intestate was employed by the defendant as a fireman, and was, in the performance of his duty, upon his engine, standing at a point where the engine was coupled to the tender. The ehgine and the. tender parted, he fell between the two, and was run over and killed. The coupling between the engine and tender consisted of a draw bar, with a pin through it, at the center of the…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
Upon this writ of error it must be assumed that the jury found that there was no lug upon the hook that parted from the engine when the draw-bar pin broke. If there was no legal testimony from which this fact could be found, or, what is the same thing, if the only testimony upon that point was illegally admitted, it was error to submit the question to the jury.
The testimony to which this degree of importance attaches came into the case in this way: Ten days after the accident Jacob PI. Yreeland, at the request of the mother of the decedent,…
2Cases cited1 opinion
- Agricultural Insurance v. PottsSupreme Court of New Jersey · 1892
3Cited by3 opinions
- Thompson v. Giant Tiger Corp.Supreme Court of New Jersey · 1937
- Balip Automotive Repairs, Inc. v. SchroederNew Jersey Superior Court Appellate Division · 1949
- Raffetto v. Warner Bros. Theatres, Inc.Supreme Court of New Jersey · 1938