Wasmer v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for alleged negligence causing the death of Mathias Wasmer, plaintiff’s-intestate. The facts are substantially stated in the opinion.
Read the full summary
Appeal from the judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for alleged negligence causing the death of Mathias Wasmer, plaintiff’s-intestate. The facts are substantially stated in the opinion. The respondent should have been nonsuited, because she failed to show that the negligence of appellant was the sole and proximate cause of the death. (Ryan v. N. Y. C., 35 N. Y., 40; Griffin v. N.…
1Opinion of the CourtEarl, J.
This is an action to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. . The facts, as we must assume they were found by the jury, are these: The intestate, a man about sixty-seven years of age, was, on the day of his death, in Schuyler street, Utica, engaged in peddling kindling wood, with a horse and wagon, going northerly. The defendant’s railroad track was laid throusk the centre of O that street, upon its surface, the top of the iron rails being about four and one-half inches above such surface. There was no…
2Cases cited4 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
- Moshier v. Utica & Schenectady RailroadNew York Supreme Court · 1850
- Southworth v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1870
3Cited by14 opinions
- Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
- Marine Ins. v. St. Louis, I. M. & S. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1890
- Lorenz v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Miller v. . N.Y., L. W.R.R. Co.New York Court of Appeals · 1890
- Miller v. New York, Lackawanna & Western RailroadNew York Court of Appeals · 1890
9 more not listed; retrieve them via the Exa API.