Whittaker v. Delaware & H. Canal Co.
New York Supreme Court
Appeal from circuit court, Otsego county. Action by Charles E. Whittaker, administrator of Eugene IC. Whittaker,. against the Delaware & Hudson Canal Company to recover damages for the-death of plaintiff’s intestate, caused by the negligence of defendant. Judgment was entered on a verdict for plaintiff, a motion for new trial was overruled, and defendant appeals.
1Opinion of the CourtFollett, J.
Appeal from a j ndgment entered on a verdict, and from an order denying a motion for a new trial made on the minutes, and heard in this court on a case containing exceptions. February 25, 1885, Eugene I£. Whit-taker, plaintiff’s intestate, was the fireman on defendant’s freight train No. 28, which was running east, and due at Quaker street at 5:25 a. m. The Boston express, No. 6, a passenger train running east, was also due at Quaker street at 5:25 a. m. The time represents not the time of arrival, but the time of the departure of trains from the stations. From Quaker street the defendant has…
2Cases cited10 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
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3Cited by12 opinions
- Gillett v. Trustees of Village of KinderhookNew York Supreme Court · 1894
- Whitman v. JohnsonNew York Court of Common Pleas · 1895
- Brennan v. EllisNew York Supreme Court · 1893
- Gorman v. MillikenNew York Supreme Court · 1904
- Carpenter v. CarpenterNew York Supreme Court · 1892
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