Legal Opinion

Sutter v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 5 opinions

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 the county of Onondaga-on the 28th day of April, 1902, upon the verdict of a jury for $7,000, and also from an order entered in said clerk’s office on the 29 th day of April, 1902, denying "the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Spring, J.:

George F. Sutter, a conductor in the employ of the defendant on a freight train going east from Buffalo, was killed at Depew, N. Y., *364on the evening of November 24, 1900, in a collision with a westbound freight train, and his representative brings this action to recover damages, charging that his death was due solely to the negligence of the defendant.. Sutter’s train consisted of about eighty cars, and it left the East Buffalo yards of the defendant about six o’clock in the evening. The engine was running tender ahead, nosed into the caboose, with the freight cars drawn along in…

2Cases cited6 opinions

  1. Crispin v. . BabbittNew York Court of Appeals · 1880
  2. Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
  3. Stringham v. . StewartNew York Court of Appeals · 1885
  4. Hankins v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1894
  5. Bushby v. New York, Lake Erie & Western R. R. Co.New York Court of Appeals · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. O'Keefe v. Great Northern Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1905
  2. Smith v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1903
  3. O'Donnell v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1905
  4. O'Keefe v. Great Northern Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1905
  5. Sutter v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903

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