Litchfield v. Buffalo, Rochester and Pittsburgh Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Buffalo, Rochester and Pittsburgh Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 27th day of May, 1901, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 5th day of July, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Buffalo, Rochester and Pittsburgh Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 27th day of May, 1901, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 5th day of July, 1901, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 5th day of November, 1897, to recover damages sustained by the heirs and next of kin of the plaintiff’s intestate on account of his death,…
1Opinion of the Court
McLennan, J.:
Plaintiff’s intestate was killed on the 6th day of November, 1896, while in the employ of the defendant, assisting as mason’s helper in constructing a stone culvert at the bottom of an excavation which he had helped to make, and which extended across the embankment of defendant’s railroad near the village of Warsaw, N. Y., by the caving in and falling upon him of a quantity of earth from one side of the excavation.
*3At the place in question the railroad ran upon an embankment about ten feet high, which was ten feet wide on the top and about thirty feet in width at the bottom. It…
2Cases cited3 opinions
- Perry v. . RogersNew York Court of Appeals · 1898
- Eichholz v. Niagara Falls Hydraulic Power & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Golden v. SieghardtAppellate Division of the Supreme Court of the State of New York · 1898