De Vau v. Pennsylvania & N. Y. Canal & R. Co.

Beckwith, C. J., was of opinion that the motion should be denied, but filed no opinion. Motion denied.

Hatch, J.,

(dissenting.) The allegations of the complaint show this to be an action for damages on account of personal injuries, alleged to have been sustained by reason of the negligence of the defendant. The gravamen of the charge is contained in the fourth count of the complaint, viz.: “That in the conduct of its business as such railroad corporation, and in the performance of the work in filling up its road-bed, as above set forth, it was the duty of the defendant to furnish good,…