Frounfelker v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Delaware, Lackawanna and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of May, 1899, upon the verdict of a jury for $9,000, and also from an order, entered in said clerk’s office on the 8th day of May, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Barrett, J.:
The action was brought to recover damages for the death of John Frounfelker, alleged to have been caused by the defendant’s negligence. Frounfelker was the conductor of one of the defendant’s coal trains, and was killed on October 3, 1896, while riding in the caboose, by a rear end collision between his train and another coal train in charge of one Wallace. Shortly prior to the collision, the deceased’s train had been stopped by signal, somewhat to the west of the village of East Stroudsburgh. Rules 3 and é of the defendant company, in force at the time of the accident, provided…
2Cases cited2 opinions
- Smith v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- Eaton v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Marshall v. RussellSupreme Court of Georgia · 1966
- Frounfelker v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Frounfelker v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1902