Bates v. New York Cent. & H. R. Railroad
New York Supreme Court
Appeal from circuit court, Dutchess county. Action by Mary E. Bates against the Hew York Central & Hudson River Railroad Company to recover damages resulting from the death of plaintiff’s intestate. Plaintiff was nonsuited, and appeals. Affirmed.
1Opinion of the CourtDykmah, J.
This is an appeal from a judgment entered upon a nonsuit at the circuit. The action was for the recovery of damages resulting from the death of the plaintiff’s intestate, which was caused by a train of cars upon the railroad of the defendant. The course of the railroad at the place of the accident is substantially north and south, and the highway which crosses it there runs nearly east and west. The deceased was drawing ice in a lumber box wagon, drawn by two horses. He was coming with a load of ice from the west, walking on the north side of his "wagon, near the forward end, holding the…
2Cited by2 opinions
- De Loge v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- Judson v. Central Vermont RailroadNew York Supreme Court · 1895