Costikyan v. Rome, Watertown & Ogdensburg Railroad
New York Supreme Court
Appeal from circuit court, Erie county. Action by Siragan S. Costikyan, as administrator, etc., against the Rome, Watertown & Ogdensburg Railroad Company. From a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial upon the minutes of the court, defendant appeals.
1Opinion of the CourtCorlett, J.
On the 28th day of June, 1888, the deceased took passage on the defendant’s road from Magara Falls to Watertown. The train consisted of an engine, baggage, smoking-car and several passenger coaches. A short time after entering the coach he went into the smoking-car with a cigarette. After smoking he started back into the passenger coach. While he was in the act of stepping from the platform of the smoker to the coach in the rear, the coupling between them broke and the deceased was thrown down a steep gorge over which the train was passing, and killed. The plaintiff was appointed…
2Cases cited3 opinions
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
- Marquette v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
3Cited by4 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. PatilloCourt of Appeals of Texas · 1907
- Kettel v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1917
- Miller v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1908
- Travis v. Town of CarroltonNew York Supreme Court · 1889