Mehan v. Syracuse, Binghamton and N.Y. Railroad Corp.
New York Court of Appeals
This was an action to recover damages for the death of Peter Mehan, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. Mehan was an engineer in the employ of defendant, and was killed by his engine running off the track. It was not disputed on the trial, but that the track was badly out of repair.
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This was an action to recover damages for the death of Peter Mehan, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. Mehan was an engineer in the employ of defendant, and was killed by his engine running off the track. It was not disputed on the trial, but that the track was badly out of repair. The evidence tended to show that, at the place of the accident, the rails were short and insecurely fastened, and that the accident was occasioned by one of these rails being shoved from its place. Defendant’s counsel moved for a nonsuit on the ground that Mehan knew of…
1Per curiam
Opinion for affirmance.
All concur, except Rapallo, J., not voting; Andrews, J., taking no part.
Judgment affirmed.
2Cited by10 opinions
- Hewitt v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1887
- Magee v. North Pacific Coast RailroadCalifornia Supreme Court · 1889
- Roux v. Blodgett & Davis Lumber Co.Michigan Supreme Court · 1891
- McKenzie v. City of NorthfieldSupreme Court of Minnesota · 1883
- Racine v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
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