Ryan v. New York Cent. & H. R. Railroad
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Mary Ryan, as administratrix of the estate of Ernest C. Ryan, deceased, against the New York Central & Hudson River Railroad Company to recover for the alleged negligence of defendant in causing the death of plaintiff’s intestate while riding in the cab of a freight engine.
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Appeal from circuit court, Onondaga county. Action by Mary Ryan, as administratrix of the estate of Ernest C. Ryan, deceased, against the New York Central & Hudson River Railroad Company to recover for the alleged negligence of defendant in causing the death of plaintiff’s intestate while riding in the cab of a freight engine. From a judgment entered on a verdict in favor of plaintiff for $5,000, and from an order denying a motion for a new trial made on the minutes, defendant appeals.
1Opinion of the CourtHardin, P. J.
On the 26th of August, 1893, plaintiff’s intestate was in the employ of the West Shore Railroad (operated by the defendant) as a brakeman, and was on train No. 75 going west, when he received injuries from which he died the next day. About a half a mile east of Auriesville, while sitting in the cab of the engine, the deceased, it is claimed, was struck by a board projecting from a car loaded with lumber passing east on the adjacent track. The evidence tended to show that a stake was dozy, rotten, and imperfect, which passed into a socket on the side of the car loaded with lumber, and that the…
2Cases cited4 opinions
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Bailey v. . R., W. O.R.R. Co.New York Court of Appeals · 1893
- Dougherty v. Rome, W. & O. R.New York Supreme Court · 1892
- Redington v. New York, O. & W. Ry. Co.New York Supreme Court · 1895