Mann v. President of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the Supreme Court in the third judicial department, entered upon an order made May 2,1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for alleged negligence causing the death of Judson W. Mann, plaintiff’s intestate. Mann was an engineer in defendant’s employ.
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Appeal from judgment of the Supreme Court in the third judicial department, entered upon an order made May 2,1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for alleged negligence causing the death of Judson W. Mann, plaintiff’s intestate. Mann was an engineer in defendant’s employ. While running the engine drawing a passenger train, he was killed by a collision of his train, with freight cars standing on the track at Oneonta, where a freight train was being made…
1Opinion of the CourtAndrews, J.
The jury found that the immediate negligence which caused the death of the plaintiff’s intestate, was the omission of Townsend, the brakeman employed to go on the freight train which was being made up at Oneonta, to properly signal the train coming from Binghamton on which the intestate was engineer. This train was past due nearly two hours.. Both the main and side tracks of the defendant’s road, at Oneonta, were occupied. There was an engine on the side track, connecting by an open switch with the main track, on which the train from Binghamton was approaching, and there were loaded cars on…
2Cases cited4 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Fuller v. . JewettNew York Court of Appeals · 1880
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
3Cited by22 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Peters v. Southern Pacific Co.California Supreme Court · 1911
- Brennan v. . GordonNew York Court of Appeals · 1890
- Still v. San Francisco & Northwestern Railway Co.California Supreme Court · 1908
- Evansville & Terre Haute Railroad v. GuytonIndiana Supreme Court · 1888
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