Buckley v. Hudson Valley Railway Co.
New York Court of Appeals
Appeal from a judgment of the. Appellate Division of the Supreme Court in the third judicial department, entered May 13, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Deceased was wrongfully ejected from the defendant’s car; he was sick and unable to take care of himself.
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Appeal from a judgment of the. Appellate Division of the Supreme Court in the third judicial department, entered May 13, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Deceased was wrongfully ejected from the defendant’s car; he was sick and unable to take care of himself. Defendant is liable for all injuries that resulted from the ejectment of deceased from the car. (Fieldman v. N. Y. C. & H. R. R. R. Co., 142 App. Div. 339; 205 N.…
1Opinion of the CourtHogan, J.
The plaintiff, as administratrix of Patrick Buckley, deceased, brought this action to recover damages for his death, claimed to have been caused by defendant under the following circumstances:
On April 24th, 1911, the defendant owned and operated a street surface railroad among other places between Hudson Falls and Glens Falls in this state.
About or after nine o’clock on the evening of that day plaintiff’s intestate, who resided at Glens Falls, boarded one of defendant’s north-bound cars at or near the Hotel Cunningham in Hudson Falls, intending to go to Glens Falls.
The evidence adduced by…
2Cases cited7 opinions
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Sanford v. . Eighth Avenue Railroad CompanyNew York Court of Appeals · 1861
- Fagg's Admr. v. Louisville & N. R. R. Co.Court of Appeals of Kentucky · 1901
- Louisville, Cincinnati & Lexington Railroad v. SullivanCourt of Appeals of Kentucky · 1884
- Conolly v. Crescent City RailroadSupreme Court of Louisiana · 1889
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3Cited by1 opinion
- Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917