Tyndall v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Cross-appeals — By plaintiff from so much of an order, entered in Eensselaer county clerk’s office September 7, 1912, as sets aside a verdict in favor of the plaintiff and grants a new trial, upon the grounds that said verdict is contrary to law. By defendant from so much of the same order as denies defendant’s motion to dismiss the complaint.
1Opinion of the Court
Howard, J.:
The plaintiff’s intestate died as a result of injuries received by the wrecking of one of the defendant’s fast north-bound passenger trains, of which he was engineer, about eight miles north of Hudson. The wreck was occasioned because a door had dropped from one of the cars of a freight train of the defendant going south, and had fallen across the north-bound track. The freight train had passed only a few minutes before the time of the accident. The car was a Lehigh Valley car. It was loaded properly at St. Louis with photographic dry plates. At West Seneca, N. Y., it was noticed…
2Cases cited4 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Goodrich v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Byrnes v. . N.Y., L.E. W.R R. Co.New York Court of Appeals · 1889
- Bailey v. President, Managers & Co. of the Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Turner v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- Tyndall v. New York Cent. & H. R. R.Appellate Division of the Supreme Court of the State of New York · 1914