Ernst v. Hudson River Rail Road
New York Supreme Court
MOTION, upon exceptions, for a new trial. The action was brought by the plaintiff, as executrix of Henry Ernst, deceased, to recover damages of the defendant for causing the death of her testator, by negligence. The cause was tried at the Bensselaer circuit, in May, 1859, before Justice Gould and a jury.
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MOTION, upon exceptions, for a new trial. The action was brought by the plaintiff, as executrix of Henry Ernst, deceased, to recover damages of the defendant for causing the death of her testator, by negligence. The cause was tried at the Bensselaer circuit, in May, 1859, before Justice Gould and a jury. The following facts appeared in evidence, on the trial: For half a century there has been a public highway leading from Sand Lake to the city of Albany, passing through the village of Bath, and over the Hudson river by what is known as the Bath ferry. The defendant, as was admitted by the…
1Opinion of the CourtHogeboom, J.
In this case the judge nonsuited the plaintiff. The nonsuit was moved for on the ground that the negligence of the deceased contributed to produce the injury *162complained of. It does not appear whether it was granted upon that ground, or upon the ground that the defendants were not guilty of negligence, or hath. As the judge refused to submit the case to the jury, it must appear that the evidence in favor of the defendants was so clear'—on one or the other of these grounds—that a verdict for the plaintiff would have been set aside as unwarranted by the evidence.
If the evidence established the…
2Cited by2 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Ernst v. Hudson River RailroadNew York Supreme Court · 1866