Tongate v. Erie Railroad

On the night of November 12, 1923, a closed automobile, owned and driven by one George D. Rose, and in which were also riding William W. Tongate, James W. KeUey, Motye Schneid and Charles Dykeman, accidentally ran off the public highway, and into the Chemung river, at a point in the village of Wellsburg and town of Ashland, Chemung county, near the westerly end of a bridge which there spans the river. Rose and Tongate were drowned. Out of this accident have come seven actions — four for damages in negligence and nuisance, and *581three for malicious prosecution. The negligence and nuisance…