Hudson v. Rome, Watertown & Ogdensburg Railroad
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Lewis W. Hudson, as administrator of Harry L. Hudson, deceased, against the Rome, Watertown & Ogdensburg Railroad Ciompany. From a verdict in favor of plaintiff for $3,000, and from a motion denying a new trial, made on the minutes, defendant appeals.
Read the full summary
Appeal from circuit court, Jefferson county. Action by Lewis W. Hudson, as administrator of Harry L. Hudson, deceased, against the Rome, Watertown & Ogdensburg Railroad Ciompany. From a verdict in favor of plaintiff for $3,000, and from a motion denying a new trial, made on the minutes, defendant appeals. Harry L. Hudson was a fireman in the employ of the defendant on the 8th day of October, 1890, and was killed by the collapse of the crown Sheet of a boiler of a locomotive engine known as “No. 103,” at Mexico. One George H. Grower was the engineer, and they were ordered on the 8th of…
1Opinion of the CourtHardin, P. J.
Upon the trial no serious question was made-as to the intestate’s freedom from contributory negligence, nor do-we understand any question is made in the argument before us~ That question was properly submitted to the jury, and we must assume that their verdict finds that the deceased was free from, contributory negligence, upon evidence sufficient to establish that, fact.
The main question litigated at the trial, and pressed upon us in the argument, relates to the defendant’s .alleged negligence-Plaintiff’s position at the trial was that the accident occurred by-reason of the collapse of the…
2Cases cited4 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Hastings v. Brooklyn Life InsuranceNew York Court of Appeals · 1893
- Bailey v. . R., W. O.R.R. Co.New York Court of Appeals · 1893
- Buck v. WebbNew York Supreme Court · 1890
3Cited by1 opinion
- Mosher v. DavisAppellate Division of the Supreme Court of the State of New York · 1899