Ernst v. . Hudson River Railroad Co.

This action was brought to recover damages against the defendant for negligently causing the death of the plaintiff's testator, and has been tried four times. Upon the first trial, the plaintiff was nonsuited; a new trial having been granted, the cause was tried a second time, and the plaintiff recovered $2,500, upon which judgment was entered. This was reversed in the Court of Appeals, and a new trial ordered. On the third trial, the plaintiff was nonsuited in accordance with the decision of this court. This was affirmed at the General Term; but, on a second appeal to this court, the…