Legal Opinion

Gonzales v. New York & Harlem Railroad

The Superior Court of New York City

Decided July 15, 1868PublishedCited by 3 opinions

This was an'action to recover damages for the negligence of the agents and employees of the defendants, hy which the plaintiff’s husband (John H. Gonzales) was killed.

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This was an'action to recover damages for the negligence of the agents and employees of the defendants, hy which the plaintiff’s husband (John H. Gonzales) was killed. The complaint, after the usual allegations as to the incorporation of the defendants, and their ownership of the road, alleged, that about the 15th day of November, 1864, at the city of New York, the said John H. Gonzales became a passenger in the defendants’ cars, for the purpose of traveling from said city to "West Mount Vernon, a station on the road, being one of a train of cars running from the city to that station, and…

1Opinion of the Court

By the Court, Robertson, Ch. J.

One of the witnesses in this ease, (W. S. Seller,) who saw the whole accident, testified expressly, that as the husband of the plaintiff was stepping on the ground from the steps of the car from which he descended, the express train came down and struck him. This was sufficient proof that he came to his death by the acts of the defendants’ agents. Two witnesses, Mr. LavinsM and Mrs. Zimberland testified that they did not hear any whistle sounded, or bell rung when the express train came down. The former stated he thought he would have heard, it. The latter, who…

2Cases cited2 opinions

  1. Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
  2. Renwick v. . New York Central R.R. Co.New York Court of Appeals · 1867

3Cited by3 opinions

  1. Gajan v. Patout & BurguieresSupreme Court of Louisiana · 1914
  2. Succession of BeySupreme Court of Louisiana · 1895
  3. Roussel v. Railways Realty Co.Supreme Court of Louisiana · 1913

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