Ernst v. Hudson River Railroad
New York Supreme Court
Appeal from a judgment of the General Term of the Supreme Court, in the Third Judicial District. This action was brought by Martha Ernst, the widow and executrix of Henry Ernst, against the Hudson Biver Bailroad Company, to recover damages for the death of Henry Ernst, her husband, who was run over by a train upon the defendant’s road, at the village of Bath, on December 29, 1855. The action has been some time in litigation.
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Appeal from a judgment of the General Term of the Supreme Court, in the Third Judicial District. This action was brought by Martha Ernst, the widow and executrix of Henry Ernst, against the Hudson Biver Bailroad Company, to recover damages for the death of Henry Ernst, her husband, who was run over by a train upon the defendant’s road, at the village of Bath, on December 29, 1855. The action has been some time in litigation. It was commenced in 1856, and was first brought to. trial in 1859, before Justice Gould; at which time the complaint "was dismissed. Upon appeal to the General Term, a…
1Opinion of the CourtPorter, J.
When this case was here on a former occasion, a neAY trial was grafted on the ground that a nonsuit had been refused, upon a state of facts, of the truth of which there is uoay no pretense. That decision is unreported in the regular series; but one of 'the opinions delivered in this com! is contained in another law publication (24 How. Pr., 97). In that report, through some misapprehension or oversight, the head-notes, as well as the preliminary statement of facts, are essentially erroneous. The body of the opinion, however, discloses a very striking difference in the evidence, as then and as…
2Cases cited11 opinions
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Gordon v. Grand Street & Newtown Rail RoadNew York Supreme Court · 1863
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