Bernhardt v. Rensselaer & Saratoga Railroad
New York Court of Appeals
This action was prosecuted to recover damages for the alleged wrongful killing of Gustavus Bernhardt, by the defendants, in November, 1846, by running a locomotive engine against him, in the city of Schenectady, producing injuries of which he died. The defendants, by their answer, denied all negligence or improper conduct on their part, and claimed that the injuries were occasioned by the negligence of the deceased.
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This action was prosecuted to recover damages for the alleged wrongful killing of Gustavus Bernhardt, by the defendants, in November, 1846, by running a locomotive engine against him, in the city of Schenectady, producing injuries of which he died. The defendants, by their answer, denied all negligence or improper conduct on their part, and claimed that the injuries were occasioned by the negligence of the deceased. The cause was tried at the Rensselaer circuit in February, 1859, before Hon. H. Hogeboom and a jury. At the close of the plaintiff’s evidence, the defendants’ counsel moved for a…
1Opinion of the CourtSelden, J.
The only questions in this case arise upon the motion for non-suit. When the motion was first made at the close of the evidence, .on the part of the plaintiff, it is clear that a case had been made which the judge was bound to submit to the jury. Up to that time there was no proof that the engine bell had been rung at all. On the contrary, the only witnesses who had spoken on that subject, viz., Sherman and West, had both testified that- they *168heard no bell. For aught that appeared, therefore, the deceased had gone upon the tract for a legitimate purpose, without any notice whatever of the…
2Cases cited2 opinions
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
- Mordecai v. LindsaySupreme Court of the United States · 1857
3Cited by4 opinions
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Common Pleas · 1869
- Atwater v. Town of VeteranNew York Supreme Court · 1889
- Kenny v. First National Bank of AlbanyNew York Supreme Court · 1867
- Burke v. Broadway & Seventh Avenue RailroadNew York Supreme Court · 1867