Shannon v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna B. Shannon, as administratrix, etc., of Spencer Shannon, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 27th day of December, 1902, upon a nonsuit granted by the court after'a trial at the Oneida Trial Term, certain specific questions having been submitted to the jury, and also from an order entered in said clerk’s office on the 3d day of December, 1902,…
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Appeal by the plaintiff, Anna B. Shannon, as administratrix, etc., of Spencer Shannon, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 27th day of December, 1902, upon a nonsuit granted by the court after'a trial at the Oneida Trial Term, certain specific questions having been submitted to the jury, and also from an order entered in said clerk’s office on the 3d day of December, 1902, denying the plaintiff’s motion to direct a general verdict in her favor. The action was commenced on the 18th day of…
1Opinion of the Court
McLennan, P. J.:
The principal facts are not. in dispute. Plaintiff’s intestate, at the time of his death, was fifty-four years of age; was a locomotive engineer, and for more than twenty-five years immediately prior to the accident had been continuously employed in that capacity upon the Mohawk division of the defendant’s railroad, which extends from West Albany to De Witt, just east of the city of Syracuse. *352He was entirely familiar with that division.; the manner in which trains were operated upon it; with the rules governing the sainé, and at the time of the accident had in his pocket the…
2Cases cited3 opinions
- Doing v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1897
- Niles v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Smith v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
3Cited by1 opinion
- Ryan v. Delaware and Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1906