Legal Opinion

Lynch v. New York, L. E. & W. R.

New York Supreme Court

Decided April 13, 1892PublishedCited by 1 opinion

Appeal from circuit court, Cattaraugus county. Action by Jane Lynch, administratrix, against the Mew York, Lake Erie & Western Railroad Company to recover damages for the death of Frank Lynch, deceased. From a judgment of nonsuit, plaintiff appeals.

1Opinion of the CourtMacomber, J.

The plaintiff’s intestate was, killed on April 8,1890, while engaged in the duties of a brakeman upon the cars of the defendant, at a point about one and one-half miles west of West Salamanca, in the town of Salamanca, M. Y. The deceased had been in the employment of the defendant as. a brakeman up to the time of his death, for a period of two months and eight days, and had previously worked for the defendant as a section hand for three-years. His duties as brakeman were upon through freight trains, except for about three weeks next preceding the time of the accident which resulted in. his…

2Cases cited4 opinions

  1. Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
  2. Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
  3. Fitzgerald v. New York Central & Hudson River RailroadNew York Supreme Court · 1891
  4. Rock v. Retsoff Mining Co.New York Supreme Court · 1891

3Cited by1 opinion

  1. Gusman v. Caffery Central Refinery & RailroadSupreme Court of Louisiana · 1897

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