Legal Opinion

Hogan v. New York Central & Hudson River Railroad

New York Supreme Court

Decided August 7, 1912Published

Action by Margaret A. Hogan, as administratrix, etc., against the New York Central & Hudson River Railroad Company, to recover for the alleged wrongful death of her husband. A verdict was rendered in favor of plaintiff for $18,375, and defendant moves for a new trial. Verdict ordered set aside as excessive unless plaintiff consent to a reduction to $12,000.

1Opinion of the CourtSutherland, J.

Plaintiff’s intestate was an engineer, employed by the defendant as a hostler in and about the roundhouse on Atlantic avenue in Rochester. He was caught between an outgoing engine which he had just boarded and the jamb of the doorway in the outer wall of the roundhouse, and died from the injuries received March 17, 1912. The clearance between the engine and the side of the doorway was only eight inches. The intestate, whose duty it was to see that the engine was properly placed upon the storage tracks outside, had been talking with his superior officer in an alleyway leading from the inside…

2Cases cited2 opinions

  1. New York, N. H. & H. R. v. DaileyCourt of Appeals for the Second Circuit · 1910
  2. Dailey v. New York, N. H. & H. R. R. Co.U.S. Circuit Court for the District of Southern New York · 1909

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