Piehl v. Albany Railway
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Albany county. Action by Maggie Pieb.1, as administratrix of the estate of John Piehl, deceased, against the Albany Railway. From, a nonsuit and a motion denying an order for new trial, plaintiff appeals. The action was to recover damages, under the statute, on account of the death of plaintiff’s intestate, caused, as alleged, by the negligence of the defendant.
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Appeal from trial term, Albany county. Action by Maggie Pieb.1, as administratrix of the estate of John Piehl, deceased, against the Albany Railway. From, a nonsuit and a motion denying an order for new trial, plaintiff appeals. The action was to recover damages, under the statute, on account of the death of plaintiff’s intestate, caused, as alleged, by the negligence of the defendant. The defendant operated street railroads in the city of Albany by means of electrical -power. It had a power house in the city, where five steam engines were used in the generation of this power. November 12,'…
1Opinion of the CourtLandon, J.
Upon the former appeal from a judgment in favor of the plaintiff entered upon the verdict of a jury, the single question presented by the record was whether the evidence supported the finding that the bursting of the fly wheel was due to the negligence or incompetency of the defendant’s servant in charge of the engine, and we held that it did not. 19 App. Div. 471, 46 N. Y. Supp. 257. Upon the trial now under review the plaintiff was nonsuited at the close of her case. She asked to go to the jury, upon all the facts in the case, upon the.questions whether'the defendant was negligent, or was…
2Cases cited19 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Losee v. . BuchananNew York Court of Appeals · 1873
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Heeg v. . LichtNew York Court of Appeals · 1880
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
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3Cited by4 opinions
- Honea v. City Dairy, Inc.California Supreme Court · 1943
- Acme Cement Plaster Co. v. WestmanWyoming Supreme Court · 1912
- D'Arcy v. Westchester Electric Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Honea v. City Dairy, Inc.California Supreme Court · 1943