Benthin v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans on the 19th day of April, 1897, for $2,800.42, damages and costs, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of April, 1897, denying the defendant’s motion for new trial.
1Opinion of the Court
Follett, J.:
This action was begun November 20, 1895, to recover damages occasioned by the death of the plaintiff’s intestate, caused, it is alleged, by the negligence of the defendant.
From 1890 until July 8, 1895, the plaintiff’s intestate had been employed as a fireman on defendant’s freight trains running between *304Buffalo and Syracuse. At about twelve minutes past two o’clock in the morning of July 8, 1895, plaintiff’s intestate, while firing on a freight train running east on track No. 1 was killed by the left side of his head coming in contact with a "Western Union telegraph pole standing…
2Cases cited3 opinions
- Ferren v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
- Fitzgerald v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
3Cited by11 opinions
- Brown v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Young v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- True v. Niagara Gorge RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Fitzgerald v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Dailey v. New York, N. H. & H. R. R. Co.U.S. Circuit Court for the District of Southern New York · 1909
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