Murphy v. . Boston and Albany Railroad Co.
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department; in favor of defendant, entered upon an order made February 11, 1881, denying a motion for a new trial, and directing judgment on an order nonsuiting plaintiff on trial. This action was brought to recover damages for the alleged negligence of defendant causing the death of Francis Murphy, plaintiff’s intestate.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department; in favor of defendant, entered upon an order made February 11, 1881, denying a motion for a new trial, and directing judgment on an order nonsuiting plaintiff on trial. This action was brought to recover damages for the alleged negligence of defendant causing the death of Francis Murphy, plaintiff’s intestate. On a question of negligence arising upon a nonsuit, all disputed facts are to be decided in favor of the plaintiff, and all presumptions and inferences, which he had a right to ask from the…
1Opinion of the Court
Andrews, Ch. J.
The boiler of the defendant’s locomotive “ Sacramento ” exploded while in the repair shop of the company, at East Albany, on the 6th of August, 1879, killing Francis Murphy, the plaintiff’s intestate, and one Smith, who were engaged at the time, by the direction of the master-mechanic of the shop, in setting the safety-valve, so as to allow a pressure, in the boiler, of one hundred and thirty-three pounds to the square inch, which was the highest limit of steam permitted in the use of locomotives on the road. The locomo tive was taken to the shop for repairs about two weeks…
2Cases cited2 opinions
- Fuller v. . JewettNew York Court of Appeals · 1880
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
3Cited by20 opinions
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Chicago, R. I. & P. Ry. Co. v. NagleSupreme Court of Oklahoma · 1916
- Tierney v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
- Burke v. IrelandAppellate Division of the Supreme Court of the State of New York · 1898
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