Waldele v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made January 9, 1883, which reversed an order of Special Term, setting aside a verdict for plaintiff, and directing a new trial. (Reported below, 29 Hun, 35.) This action was brought to recover damages for alleged negligence, causing the death of John E. Waldele, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made January 9, 1883, which reversed an order of Special Term, setting aside a verdict for plaintiff, and directing a new trial. (Reported below, 29 Hun, 35.) This action was brought to recover damages for alleged negligence, causing the death of John E. Waldele, plaintiff’s intestate. The facts, so far as material, are stated in the opinion. The court erred in receiving the evidence of Philip Waldele as to the declarations of John Waldele, made after…
1Opinion of the CourtEarl, J.
The intestate came to his death from injuries received on defendant’s railroad in the city of Rochester, near midnight, July 1, 1876. He was an educated deaf-mute, intelligent, and in possession of all his faculties, except that of . speech and hearing. He was familiar with the railroad at the place where he was injured ; and was probably attempting to cross the railroad on his way home at the time he was struck by an engine and fatally injured. No one saw the accident; but the theory of the plaintiff is, that as he approached the railroad tracks, a freight train came from the east, and he…
2Cases cited10 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875
- Tilson v. . TerwilligerNew York Court of Appeals · 1874
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3Cited by28 opinions
- People v. BrownNew York Court of Appeals · 1987
- Hunter v. Derby Foods, Inc.Court of Appeals for the Second Circuit · 1940
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Murray v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- State v. RyderSupreme Court of Vermont · 1908
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