Kowalewska v. New York, Lake Erie & Western Railroad
New York Supreme Court
Appeal from circuit court, Erie county. Action by Antonina Kowalewska, as administratrix of the estate of Michael Kowalewska, deceased, against the New York, Lake Erie & Western Railroad Company, to recover for the death of plaintiff’s intestate, caused by defendant’s negligence. From a judgment entered on the verdict of a jury in favor of plaintiff, and from an order denying a motion for a new trial on a case and exceptions, defendant appeals.
1Opinion of the CourtHaight, J.
This action was brought to recover the damages sustained by reason of the death of the plaintiff’s intestate. On May 13, 1889, the plaintiff’s intestate was in the employ of one John Piechowiak, with others, engaged in shoveling coal on one of the defendant’s cars into a pocket of the Delaware & Hudson Canal Company’s trestle. While so engaged, another car belonging to the defendant company ran against the car in which he was working, causing him to pitch forward through the hole in the bottom of the car into which he was shoveling the coal, inflicting an injury which caused his death on the…
2Cases cited5 opinions
- Kain v. . SmithNew York Court of Appeals · 1880
- Svenson v. . Atlantic Mail Steamship Co.New York Court of Appeals · 1874
- Roberts v. . TobiasNew York Court of Appeals · 1890
- Cudahy v. . RhinehartNew York Court of Appeals · 1892
- Clements v. GerowNew York Supreme Court · 1859
3Cited by1 opinion
- RYAN v. NEW YORK, N. H. & H. R. Co.U.S. Circuit Court for the District of Southern New York · 1902