Leary v. Lehigh Valley Railroad
New York Supreme Court
Action by Margaret Leary, as administratrix of John W. Leary, deceased, against the Lehigh Valley Railroad Company, to recover damages for the death of plaintiff’s intestate. Plaintiff moves for a new trial on exceptions taken on the trial in the superior court of Buffalo, and ordered to be heard at general term in the first instance, and afterwards removed into the supreme court, pursuant to Code Civ. Proc. § 273. Denied.
1Opinion of the CourtBradley, J.
The plaintiff charges that the death of her intestate was caused by the negligence of the defendant. A non-suit was directed by the trial court. The plaintiff’s intestate was a fireman, in the discharge of Ms duty as such, upon the defendant’s locomotive engine, which was drawing a train of freight cars, at the time in question. His death was the result of injuries received from the explosion of the boiler, which also caused the death of the engineer. There is no dispute about the facts. The boiler *188of the engine exploded because the water' in it was permitted to get too low. The explosion was…
2Cases cited3 opinions
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Kern v. DeCastro & Donner Sugar Refining Co.New York Court of Appeals · 1890
3Cited by1 opinion
- Healy v. Buffalo, Rochester & Pittsburgh Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906