Bernardi v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Hew York county. Action by Antonio Bernardi against the New York Central & Hudson River Railroad Company for personal injuries. The complaint was dismissed, and plaintiff appeals.
1Opinion of the CourtFollett, J.
This action was brought to recover damages for personal injuries caused by an explosion of dynamite on one of defendant’s cars near Tarrytown on the 19th of May, 1891. The cause of action alleged in the complaint is that the defendant negligently loaded and carried on a car in its train, near the locomotive, a large quantity of some highly-explosive material, which was wholly unprotected, and, by reason thereof, exploded, causing the injuries complained of. It is not alleged that the defendant neglected to furnish a suitable car for the transportation of this explosive, or that it neglected…
2Cases cited4 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
3Cited by2 opinions
- Kelly v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Kelly v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1907