Bernhardt v. Rensselaer & Saratoga Rail Road
New York Supreme Court
APPEAL, by the plaintiff, from an order made at a special term, granting a new trial. The action was brought by the plaintiff, as administratrix of Q-ustavus Bernhardt, deceased, to recover damages for the alleged wrongful killing of the deceased, by the defendant, in Hovember, 1846, by running a locomotive engine against him, in the city of Schenectady, and thereby producing injuries of which he died.
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APPEAL, by the plaintiff, from an order made at a special term, granting a new trial. The action was brought by the plaintiff, as administratrix of Q-ustavus Bernhardt, deceased, to recover damages for the alleged wrongful killing of the deceased, by the defendant, in Hovember, 1846, by running a locomotive engine against him, in the city of Schenectady, and thereby producing injuries of which he died. The defendant, by its answer, denied all negligence or improper conduct on its part, and claimed that the injuries were occasioned by the negligence of the deceased. The cause was tried at the…
1Opinion of the CourtIngraham, J.
The plaintiff recovered a verdict against the defendants for damages for negligently causing the death of Grustavus Bernhardt. At the trial of the cause the judge submitted to the jury the questions of negligence both in regard to the conduct of the deceased, and of the defendants’ agents, and the jury found, on both grounds, against the defendants. A case was afterwards made, and the defendants moved for, and obtained a new trial, at a special term. The grounds upon which the new trial was granted were, that the case showed the deceased to have been guilty of negligence, and that the…
2Cases cited5 opinions
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Dascomb v. Buffalo & State Line Rail RoadNew York Supreme Court · 1858
- Haring v. New-York & Erie RailroadNew York Supreme Court · 1852
- Poler v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Brooks v. Buffalo & Niagara Falls Rail RoadNew York Supreme Court · 1854
3Cited by8 opinions
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GramesIndiana Supreme Court · 1893
- Marquette v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
- City of Albany v. Watervliet Turnpike & RailroadNew York Supreme Court · 1894
- Keller v. N. Y. Central R. R.New York Court of Appeals · 1861
- Bateman v. RuthNew York Court of Common Pleas · 1871
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