Bogart v. Delaware, Lackawanna & Western Railroad
New York Supreme Court
Appeal from circuit court, Livingston county. Action by Clara J. Bogart, as administratrix of Hoyt M. Bogart, deceased, against the Delaware, Lackawanna & Western Railroad Company. From a judgment for plaintiff entered on a verdict, and from an order denying defendant’s motion for a new trial, and from an order denying defendant’s motion to set aside the verdict on the ground of irregularity, defendant appeals.
1Opinion of the CourtHaight, J.
This action was brought to recover the damages sustained‘in consequence of the death of Hoyt M. Bogart, plaintiff’s intestate, caused by the alleged negligence of the defendant. The deceased was a fireman on one of the passenger trains of defendant. On the night of July 5, 1888, the engine upon which he was working plunged into McKercher creek, and he was: killed. A heavy storm was raging at the time, and the railroad bridge spanning the creek had been washed away, including all of the south abutment, and a good portion of the north abutment. The railroad, including the bridge, was originally…
2Cases cited3 opinions
- People v. . WeldonNew York Court of Appeals · 1888
- Hart v. . the Hudson River Bridge CompanyNew York Court of Appeals · 1881
- Ankersmit v. . TuchNew York Court of Appeals · 1889
3Cited by1 opinion
- Higgins v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894