Conrad v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
i Appeal by the defendant, The New York Central and Hudson . River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of thé county of Erie on the 27th day of' September, 1909, iipon the verdict. of a jury for $12,000, and'also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the miniates.
Read the full summary
i Appeal by the defendant, The New York Central and Hudson . River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of thé county of Erie on the 27th day of' September, 1909, iipon the verdict. of a jury for $12,000, and'also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the miniates. The action was' commenced on the 14th day of May, 1909, to recover damages résulting from the death of plaintiff’s intestate, alleged to have been caused solely through the…
1Opinion of the Court
McLennan, P. J.:
On the 1st day of .January, 1909, at about eight-thirty a. m., plaintiff’s intestate, being in the employ of the Pittsburg Construction Company, a sub-contractor engaged in constructing a viaduct for the defendant over Broadway, in the city of Buffalo, was engaged as a riveter on the floor of the viaduct, over which defendant’s trains were passing. While so engaged he was struck by an engine carrying one of defendant’s trains over such structure and was so injured that he died soon thereafter.
It is not urged on this appeal that the evidence did not tend to establish actionable…
2Cases cited1 opinion
- Dempsey v. New York Cent. & H. R. R.New York Supreme Court · 1894
3Cited by2 opinions
- White v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- White v. The New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911