Abel v. President of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the Gfeneral Term of the Supreme Court in the third judicial department, entered upon an order made May 6, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the Gfeneral Term of the Supreme Court in the third judicial department, entered upon an order made May 6, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action to recover damages for the negligent killing of Perry Abel, plaintiff’s testator, who, while in the employ of defendant as a car repairer, was caught between two cars standing upon a side track for the purpose of being repaired, upon one of which he was working, which were pushed together by a switch engine.…
1Opinion of the Court
Andrews, J.,
reads for affirmance.
All concur, except Earl and G-ray, JJ., who dissent on the ground of error in charge, and Peokham, J., not sitting.
Judgment affirmed.
2Cited by15 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Devoe v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- McCoy v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1906
- Van Tassel v. New York, Lake Erie & Western RailroadNew York Court of Common Pleas · 1892
- Devoe v. New York Central & Hudson River RailroadNew York Court of Appeals · 1903
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