Babcock v. Fitchburg R.
New York Supreme Court
' Appeal from circuit court, Rensselaer county. Action by Eliza Babcock, as administratrix of the estate of Frederick Bennett, deceased, against the Fitchburg Railroad Company, for damages for the-death of plaintiff’s intestate, caused by defendant’s alleged negligence. From a judgment for defendant, entered upon an order dismissing her complaint, plaintiff appeals.
1Opinion of the CourtMayham, P. J.
Plaintiff’s intestate was at the time of his death, and for several years prior thereto had been, employed as a manufacturer of powder at the Scliagticoke Powder Mills, in Columbia county. He was a sober and steady man, 31 years of age, and resided with his mother, to whose support he contributed. On the 15th day of October, 1889, lie was killed by an explosion of the powder mill in which he was at that time employed. The mill in which he was at that time at work was located about 195 feet from the track of the defendant’s railroad. This mill was constructed in 1862. Previous to this time…
2Cases cited2 opinions
- Steinweig v. . the Erie RailwayNew York Court of Appeals · 1870
- Hinds v. . BartonNew York Court of Appeals · 1862
3Cited by1 opinion
- Babcock v. Fitchburg RailroadNew York Supreme Court · 1893