Warner v. Erie Railway
New York Supreme Court
THIS is an action to recover damages, arising from a personal injury, which resulted in the death of Andrew J. Warner, the plaintiff’s intestate, one of the defendants’ employees. The deceased was a baggageman, and, when killed, was in the discharge of his duty, as such, on a train of cars going from Hornellsville east, on the defendants’ railroad. One of the defendants’ bridges, over the Conhocton river, fell as the train of cars was passing over it.
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THIS is an action to recover damages, arising from a personal injury, which resulted in the death of Andrew J. Warner, the plaintiff’s intestate, one of the defendants’ employees. The deceased was a baggageman, and, when killed, was in the discharge of his duty, as such, on a train of cars going from Hornellsville east, on the defendants’ railroad. One of the defendants’ bridges, over the Conhocton river, fell as the train of cars was passing over it. The jury found the bridge fell from decay in its timbers. The bridge was claimed by the defendants to have been properly constructed, and was…
1Opinion of the CourtE. Darwin Smith, J.
The plaintiff’s husband was killed while in the employ of the defendants in the capacity of a baggage master upon a train of cars running upon the de*568fendants’ railroad, by the breaking down of a bridge upon the line of said railroad. The proofs clearly show, and it is indisputable, that said bridge fell in consequence of the decay of some of its timbers by what is called the dry rot, not ordinarily discoverable upon the surface of the timber.
The question presented in this case is whether the defendants are liable to the plaintiff, under the statutes of 1847 and 1849, of this state, giving the…
2Cases cited5 opinions
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Ryan v. . FowlerNew York Court of Appeals · 1862
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
- Alden v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Bissell v. New York Central Rail RoadNew York Supreme Court · 1859
3Cited by3 opinions
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Columbus & Indianapolis Central Railway Co. v. ArnoldIndiana Supreme Court · 1869
- Chapman v. Erie Railway Co.New York Supreme Court · 1873