Legal Opinion

Smith v. Empire Transp. Co.

New York Supreme Court

Decided October 16, 1895PublishedCited by 7 opinions

Appeal from circuit court, Erie county. Action by Hannah Smith, as administratrix of George W. Smith, deceased, against the Empire Transportation Company, to recover for the alleged negligence of defendant, causing the death of plaintiff’s intestate. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes, defendant appeals. Reversed.

1Opinion of the CourtBradley, J.

The plaintiff’s intestate, while in the service of the defendant, in March, 1894, received an injury resulting in his *535death. He and others were engaged in the hold of the defendant’s steam propeller in the port of Buffalo. The purpose of the work was to relay the wooden floor, which at the close of the season of 1893 had been taken up, and, in sections, placed against the stanchions, extending from the keelson to the main deck in line along the center and the whole length of the midships,—100 feet. The distance between the stanchions was a little less than 4 feet, except at the hatch, where…

2Cases cited10 opinions

  1. Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
  2. Cullen v. . NortonNew York Court of Appeals · 1891
  3. Cregan v. . MarstonNew York Court of Appeals · 1891
  4. Loughlin v. . State of New YorkNew York Court of Appeals · 1887
  5. McGovern v. Central Vermont R. R.New York Court of Appeals · 1890

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3Cited by7 opinions

  1. Ludlow v. Groton Bridge & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
  2. Miller v. ThomasAppellate Division of the Supreme Court of the State of New York · 1897
  3. Connelly v. RistNew York Supreme Court · 1897
  4. Ludlow v. Groton Bridge & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
  5. Peet v. H. Remington & Son Pulp & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1903

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