Pitkin v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hew York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 12th day of January, 1903, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 7th day of January, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
This action was brought to recover damages alleged to have been caused to the next of kin of Fay Pitkin through his negligent killing by the defendant.
We think that the judgment should be reversed for the reasons that the plaintiff did not establish either negligence upon the part of the defendant or the right to recover more than nominal damages as the result of the intestate’s death, even though wrongfully caused by said defendant.
The accident happened July 18, 1900, at defendant’s station in the village of Sackett’s Harbor. It was caused by intestate’s stumbling over a stepping…
2Cases cited4 opinions
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
- Lipp v. . Otis Brothers Co.New York Court of Appeals · 1900
- Mundt v. GloknerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by23 opinions
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Sider v. . General Electric Co.New York Court of Appeals · 1924
- Sider v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Union Steamboat Co. v. Chaffin's Adm'rsCourt of Appeals for the Seventh Circuit · 1913
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