Babcock v. Fitchburg Railroad
New York Supreme Court
Appeal from circuit court, Rensselaer county. Action by Eliza Babcock, administratrix of the estate of Fred Bennett, deceased, against the Fitchburg Railroad Company, for negligently causing the death of- deceased. There was judgment for plaintiff, and defendant appeals.
1Opinion of the CourtMayham, P. J.
This is an appeal from a judgment entered upon a verdict in favor of the plaintiff. The action was for the alleged negligence of the defendant in the use of a locomotive engine upon its railroad, from which sparks were emitted, which it is alleged ignited powder in a powder mill, in which plaintiff’s intestate was employed, thereby causing his death. This case was before this court at a former term on an appeal from a judgment entered upon an order of the trial judge dismissing the plaintiff’s complaint. 19 N. Y. Supp. 774. The evidence on that appeal is, so far as we can discover, in all…
Also in this document: Concurrence.
2Cases cited4 opinions
- Field v. New York Central RailroadNew York Court of Appeals · 1865
- Steinweig v. . the Erie RailwayNew York Court of Appeals · 1870
- Atlantic Mutual Insurance v. McLoonNew York Supreme Court · 1866
- Babcock v. Fitchburg R.New York Supreme Court · 1892
3Cited by1 opinion
- Fritsch v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904