McGoldrick v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Oneida county. Action by John McGoldrick, as administrator of John McGoldrick, deceased, against the New York Central & Hudson River Railroad Company, for causing death of intestate by negligence in obstructing sidewalks. From -a judgment rendered in favor of plaintiff, the defendant appeals. Affirmed.
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Appeal from circuit court, Oneida county. Action by John McGoldrick, as administrator of John McGoldrick, deceased, against the New York Central & Hudson River Railroad Company, for causing death of intestate by negligence in obstructing sidewalks. From -a judgment rendered in favor of plaintiff, the defendant appeals. Affirmed. The action is to recover damages for the death of John McGoldrick, which -occurred at the city of Rome, on the 10th February, 1890. In one count of : the complaint it is alleged that the death was caused by the wrongful and illegal act of the defendant in permitting…
1Opinion of the CourtMerwin, J.
On the 10th February, 1890, John McGoldrick, the plaintiff’s Intestate, fell at or near the station of defendant at Rome, and received an injury from which death ensued. At that station, and near the sidewalk Shat passes on the west side of James street from the southerly track of defendant to a branch track leading to the track of the New York, Ontario & Western Railroad, the defendants maintained a water column and spout, from which its engines obtained water. The end of this spout, when turned off. *915was about four feet from the sidewalk, and water was accustomed to drip or flow therefrom…
2Cases cited5 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Palmer v. . DearingNew York Court of Appeals · 1883
- Mairs v. . Manhattan Real Estate Ass'n.New York Court of Appeals · 1882
- Parsons v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
- Smith v. RyanNew York City Court · 1890
3Cited by5 opinions
- Thuringer v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
- McConnell v. BostelmannNew York Supreme Court · 1893
- Brown v. WysongAppellate Division of the Supreme Court of the State of New York · 1896
- Thuringer v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894
- Brown v. WysongAppellate Division of the Supreme Court of the State of New York · 1896