Harvey v. New York Central & Hudson River Railroad
New York Supreme Court
Motion for a new trial on exceptions ordered to be heard in the first instance at the General Term; after a nonsuit ordered at the circuit.
1Opinion of the Court
Talcott, P. J. :
This is a motion for a new trial after a nonsuit at the Wayne Circuit. The action is by the plaintiff, as the administrator of William F. Harvey, for the alleged negligence of the defendant, by .which it is claimed by the plaintiff that the intestate was killed.
The intestate was a fireman in the- employ of the defendant, and was killed in the course of his employment at the village of Lyons, in Wayne county, under the following circumstances : On the 5th day of January, 1877, a freight train was passing Lyons station, upon the line of the defendant’s road, going west. At this…
2Cases cited3 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Dale v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1878
- Tinney v. . Boston and Albany Railroad CompanyNew York Court of Appeals · 1873