Legal Opinion

Miller v. New York Cent. & H. R. Railroad

New York Supreme Court

Decided December 7, 1894PublishedCited by 10 opinions

Appeal from circuit court, Herkimer county. Action by John Miller, as administrator, against the New York Central & Hudson River Railroad Company, to recover damages for the alleged negligence of defendant, causing the death of plaintiff’s intestate at Lock street crossing in the village of Little Falls. From a judgment entered on a verdict in favor of plaintiff for $1,375, and from an order denying a motion for a new trial on the minutes, defendant appeals.

1Opinion of the CourtHardin, P. J.

Plaintiff’s intestate was a young man about 18 years of age. In the early part of the day of February 1, 1892, he left his home in Jacksonburg, a hamlet three miles west of Little Falls, on the south side of the river, and, upon reaching Little Falls, mingled with the crowd watching the ruins of a large fire that occurred on the morning of that day in Main street, and during the day was accompanied with a brother-in-law, House, visiting various parts of the village until about half past 7, when together they took a horse and cutter from the Grirvan House barns, and drove to the corner of Main…

2Cases cited9 opinions

  1. Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
  2. Chisholm v. . StateNew York Court of Appeals · 1894
  3. Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
  4. Cullen v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1889
  5. Stopp v. Fitchburg RailroadNew York Supreme Court · 1894

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3Cited by10 opinions

  1. Seeley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
  2. Turell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  3. Smith v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
  4. Crosby v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
  5. Warner v. Village of RandolphAppellate Division of the Supreme Court of the State of New York · 1897

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