Murphy v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of Ellen Murphy, plaintiff’s intestate. The deceased, on April 10, 1868, took a train known as the De Witt special, upon defendant’s road, at Syracuse, to go to East Syracuse.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of Ellen Murphy, plaintiff’s intestate. The deceased, on April 10, 1868, took a train known as the De Witt special, upon defendant’s road, at Syracuse, to go to East Syracuse. The train in question was run for the purpose of carrying defendant’s employes to the workshop upon their road, and it also…
1Opinion of the CourtEarl, J.
There is no material difference between the facts of this case and those of the case of Brassell v. N. Y. C. & H. R. R. R. Co. (84 N. Y. 241), in which it appears that the deceased there was killed by the same accident, and hence upon the authority of that case this judgment must be affirmed, unless the exception taken by the counsel for the defendant to proof by the plaintiff of the necessary funeral expenses of the deceased was well taken. Section 2 of chapter 450 of the Laws of 1847, as amended by chapter 78 of the Laws of 1870, provides that the amount to be recovered in every case like…
2Cases cited3 opinions
- Owen v. BrockschmidtSupreme Court of Missouri · 1873
- Brassell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1881
- Roeder v. OrmsbyNew York Supreme Court · 1861
3Cited by4 opinions
- Briscoe v. United StatesCourt of Appeals for the Second Circuit · 1933
- Philby v. Northern Pacific Railway Co.Washington Supreme Court · 1907
- The Linseed KingDistrict Court, S.D. New York · 1930
- Hansen v. HayesOregon Supreme Court · 1944