Mackey v. New York Central Rail Road
New York Supreme Court
APPEAL from a judgment entered at a special term, upon the verdict of a jury. The action was brought to recover damages of the defendants for their wrongful act in causing the death of Abram Mackey, the plaintiffs’ intestate.
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APPEAL from a judgment entered at a special term, upon the verdict of a jury. The action was brought to recover damages of the defendants for their wrongful act in causing the death of Abram Mackey, the plaintiffs’ intestate. Mackey was run over and killed, on the 24th of December, 1854, by the defendants’ locomotive and express train of cars, while he was crossing, with his team and sleigh, their rail road, at the highway crossing at the Savannah station, in the county of Wayne. It was claimed, in the complaint, that the defendants’ agents, on approaching the station, at the time in…
1Opinion of the CourtE. Darwin Smith, J.
The defendants moved for a nonsuit when the testimony was closed, on three grounds: 1. That the plaintiffs’ evidence, uncontradicted, did not show negligence; 2. That the defendants' evidence disproved all negligence; and 3. That the plaintiffs’ intestate was clearly guilty of negligence. The negligence for which the plaintiff claimed to recover was the omission of the defendants’ agent to sound the whistles of the locomotive, or ring the bell, as required by the statute. By § 39 of the general rail road act (Sess. L. of 1850, p. 232) it was made the duty of the defendants “ to have a bell…
2Cases cited2 opinions
- Bacon v. ParkerSupreme Court of Connecticut · 1837
- Sheffield & Herrender v. Rochester & Syracuse Rail RoadNew York Supreme Court · 1856
3Cited by11 opinions
- Toledo & Wabash Railway Co. v. GoddardIndiana Supreme Court · 1865
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- Cincinnati, Wabash & Michigan Railroad v. PetersIndiana Supreme Court · 1881
- Ming v. TruettMontana Supreme Court · 1871
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