Ernst v. . Hudson River Railroad Co.
New York Court of Appeals
Appeal from judgment of the Supreme Court in the third judicial district, sustaining a nonsuit on the trial at the Rensselaer Circuit.
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Appeal from judgment of the Supreme Court in the third judicial district, sustaining a nonsuit on the trial at the Rensselaer Circuit. The action was brought by the plaintiff, as the widow and executrix of the testator, for damages sustained by the act of the defendant, in negligently and unlawfully killing her husband, at the,village of Bath, on the 29th day of December, 1855. The suit was commenced in 1856. The first trial was before Mr. Justice Gould, who nonsuited the plaintiff. The case was heard at General Term, before Judges Hogeboom, Beckham and Gould. The nonsuit was set aside and a…
1Concurrence
On the 29th day of December, 1855, Henry Ernst, while driving his horses before a lumber sleigh, came into collision with the defendants' cars, when crossing a highway in the village of Bath, in the county of Rensselaer. The plaintiff is the executrix of the said Ernst. The case has been tried three times. Upon the first trial the plaintiff was nonsuited. This nonsuit was set aside by the General Term of the third district, and a new trial granted. (32 Barb., 159.) The second trial resulted in a verdict of $2,500 for the plaintiff. The judgment was affirmed by the General Term, but, upon an…
2Cases cited4 opinions
- North Pennsylvania Railroad v. HeilemanSupreme Court of Pennsylvania · 1865
- Wilds v. . the H.R.R.R. Co.New York Court of Appeals · 1864
- Ernst v. Hudson River Rail RoadNew York Supreme Court · 1860
- In re the GraduatesNew York Supreme Court · 1860