West v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Nettie West, as administratrix, etc., of Okarles E. West, deceased, for a new'trial upon a case containing-exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Wayne Trial Term in October, 1899.
1Opinion of the Court
Williams, J.:
The exceptions should be sustained, and the motion for a new trial granted.
The action was brought to recover damages resulting from the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. The intestate was riding in the caboose *465of a freight train. A passenger train ran into the rear of the caboose, and in the collision the intestate was killed. The evidence given on the trial was sufficient to authorize the jury to find negligence on the part of the defendant, and the absence of contributory negligence on the part of the intestate,…
2Cases cited3 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Mason v. . LibbeyNew York Court of Appeals · 1882
3Cited by6 opinions
- Massie v. HutchesonTexas Commission of Appeals · 1925
- Deverho Construction Co. v. StateNew York Court of Claims · 1978
- McDonald v. Simpson-Crawford Co.Appellate Division of the Supreme Court of the State of New York · 1906
- In re 716 Third Avenue Holding Corp.District Court, S.D. New York · 1964
- In re Acquiring Title by the City of New YorkNew York Supreme Court · 1918
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