Lockwood v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 9, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence, causing the death of plaintiff’s intestate. The complaint was dismissed on the trial. The General Term granted a new trial.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 9, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence, causing the death of plaintiff’s intestate. The complaint was dismissed on the trial. The General Term granted a new trial. Its order was affirmed on appeal to this court, and judgment absolute directed for plaintiff. The damages were assessed by a jury. The facts so far as material are stated in the opinion. The…
1Opinion of the CourtEarl, J.
The intestate at the time of his death was about sixty-eight years old, and he left seven children, all adults, and all but two of them living away from his home. The children living away from him received nothing from him by way of support, but were supporting themselves, and had been for years. One daughter, who was unmarried, lived with him at the time of his death and did household work for him, receiving nothing *526for her work, and paying nothing for her board. A son who was married also lived and boarded with him, but worked for himself and used his own earnings. The plaintiff, against…
2Cases cited3 opinions
- Tilley v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- New York Civil Liberties Union v. City of SchenectadyNew York Court of Appeals · 2004
- Bierbauer v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1879
3Cited by5 opinions
- Fowler v. Buffalo Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Dobro v. Village of SloanAppellate Division of the Supreme Court of the State of New York · 1975
- Ingrafia v. SamuelsAppellate Division of the Supreme Court of the State of New York · 1902
- Klemm v. New York Central & Hudson River RailroadNew York Supreme Court · 1894
- Mercado v. City of New YorkNew York Supreme Court · 1965