Fitzgerald v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Herkimer county. Action by John Fitzgerald, as administrator, against the New York Central & Hudson River Railroad Company. From a judgment entered on a verdict for plaintiff for $3,000, and from an order denying motion fora new trial on the minutes, defendant appeals. .
1Opinion of the CourtHardin, P. J.
On the morning of November 11, 1887, plaintiff’s intestate, Thomas Fitzgerald, then a brakeman in the employ of the defendant, .was passing over its road eastwardly from Syracuse, and between 5 and 6 *933o’clock in the morning the train, in passing eastwardly from Greens Corners, and distant from the station of Greens Corners 5,153 feet, passed under a superstructure known as “Wheeler’s Bridge. ” Just before the train reached the bridge, the intestate passed from the engine to the tender, and from thence up onto the first car, where he was last seen alive. Shortly after the train had passed from…
2Cases cited4 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- Hunt v. FishNew York Supreme Court · 1848
- Ryan v. Long Island RailroadNew York Supreme Court · 1889
3Cited by4 opinions
- Freeman v. Glens Falls Paper-Mill Co.New York Supreme Court · 1891
- Fitzgerald v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- Lynch v. New York, L. E. & W. R.New York Supreme Court · 1892
- Wallace v. Central Vt. R.New York Supreme Court · 1892