Sutter v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Onondaga county. Action by Carrie Sutter, as administratrix of George F. Sutter, deceased, against the New York Central & Hudson River Railroad Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Reversed.
1Opinion of the CourtSpring, J.
George F. Sutter, a conductor in the employ of the defendant on a freight train going east from Buffalo, was killed at Depew, N. Y., on the evening of November 24, 1900, in a collision with a west-bound freight train, and his representative brings this action to recover damages, charging that his death was due solely to the negligence of the defendant. Sutter’s train consisted of about 80 cars, and it left the East Buffalo yards of the defendant about 6 o’clock in the afternoon. The engine was running tender ahead nosed into the caboose with the freight cars drawn along in the rear. The train…
2Cases cited13 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Knisley v. . PrattNew York Court of Appeals · 1896
- Stringham v. . StewartNew York Court of Appeals · 1885
- Coppins v. N. Y. C. & H. R. R. R.New York Court of Appeals · 1890
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3Cited by2 opinions
- O'Keefe v. Great Northern Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Sutter v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903