Fitzgerald v. New York Cent. & H. R. Railroad
New York Supreme Court
Appeal from circuit court, Herkimer county. Action by John Fitzgerald, as administrator of Thomas Fitzgerald, deceased, against the New York Central & Hudson River Railroad Company. From a judgment entered on a verdict in favor of plaintiff for $3,000, and from an order denying a motion for a new trial, made on the minutes, defendant appeals.
1Opinion of the CourtMerwin, J.
The plaintiff’s intestate, Thomas Fitzgerald, was on November 11, 1887, in the employ of the defendant as a brakeman on a freight train that left De Witt early in the morning, passing eastwardlv. The claim of the plaintiff is that, as the train passed under a low bridge between Green’s Corners and Rome, the decedent, who was then on the top of one of the freight cars, was hit by the bridge and killed. It was between 5 and 6 o’clock in the morning, not fully light, and at that place there is a down grade, *825and there is evidence that the train was then going at the rate of about 20 miles an…
2Cases cited3 opinions
- Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
- Johnson v. Long Island R.New York Supreme Court · 1894
- Fitzgerald v. New York Central & Hudson River RailroadNew York Supreme Court · 1891
3Cited by5 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. ParishIndiana Court of Appeals · 1902
- Benthin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- True v. Niagara Gorge RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Fitzgerald v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- True v. Niagara Gorge RailroadAppellate Division of the Supreme Court of the State of New York · 1902