Keller v. N. Y. Central R. R.
New York Court of Appeals
Benjamin Keller, administrator of Rachel Keller, deceased, sued the defendants, in the supreme court, to recover damages under the statute (L. 1847, p. 575; L. 1849, p. 388), for injuries causing her death. The deceased was a passenger on defendants’ road, with her daughter, Sally Dickens. The train stopped at Canas tota, a station on the road.
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Benjamin Keller, administrator of Rachel Keller, deceased, sued the defendants, in the supreme court, to recover damages under the statute (L. 1847, p. 575; L. 1849, p. 388), for injuries causing her death. The deceased was a passenger on defendants’ road, with her daughter, Sally Dickens. The train stopped at Canas tota, a station on the road. There was evidence that the name of the station was called; but the deceased was not aware what station it was until the train was starting, when she got off, with her daughter. They alighted on the track south of the one on which their train was, and…
1Opinion of the CourtMason, J.
The first question which I propose to consider in this case is, whether the judge at circuit was right in his re-fusal to grant the defendants’ motion for a nonsuit.
The grounds taken by the counsel on that motion, or that the complaint be dismissed, are: 1, because no damages were proved as contemplated by the statute,, neither to the husband, nor to the next of kin, nor are any alleged in the complaint; 2, because no negligence or wrongful act on the part of the defendants is proved, but the contrary; 3, because the undisputed evidence in the case shows positive carelessness on the part of…
2Cases cited7 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Newman v. CordellNew York Supreme Court · 1864
- Cook v. BrockwayNew York Supreme Court · 1856
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3Cited by2 opinions
- Mahar v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Manke v. PeopleNew York Supreme Court · 1879