Frounfelker v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of January, 1902, upon the verdict of a jury for $17,500, and also from an order, bearing date the 13th day of January, 1902, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
This case was before this court on a former appeal (48 App. Div. 206). The deceased, plaintiff’s husband, was a conductor in charge of a freight train upon the defendant’s road, and as the result of a collision between the deceased’s train and one following it, he was killed on the morning of October 3, 1896. .There does not seem to be any serious dispute of fact, and the main question presented is, whether there is any evidence to justify a finding of the jury that the defendant was negligent, or that the deceased was free from contributory negligence.
*226The train of which the…
2Cases cited1 opinion
- Frounfelker v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1900