Legal Opinion

Whittaker v. Delaware & H. Canal Co.

New York Supreme Court

Decided July 15, 1888PublishedCited by 12 opinions

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

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Ring v. . City of CohoesNew York Court of Appeals · 1879
  3. Taylor v. . City of YonkersNew York Court of Appeals · 1887
  4. Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
  5. Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873

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3Cited by12 opinions

  1. Gillett v. Trustees of Village of KinderhookNew York Supreme Court · 1894
  2. Whitman v. JohnsonNew York Court of Common Pleas · 1895
  3. Brennan v. EllisNew York Supreme Court · 1893
  4. Gorman v. MillikenNew York Supreme Court · 1904
  5. Carpenter v. CarpenterNew York Supreme Court · 1892

7 more not listed; retrieve them via the Exa API.

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