Dickens v. New York Central Railroad
New York Court of Appeals
The appeal in this case is by the defendants from a judgment in favor of the plaintiffs, rendered in the sixth district. The action was brought by the plaintiff as administrator of Sally Dickens, his wife, under the statute, to recover damages resulting to her next of kin in consequence of her death, which it is alleged was caused by the negligence of the defendants. The cause has been twice tried. The verdict rendered on the first trial was set aside by this court.
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The appeal in this case is by the defendants from a judgment in favor of the plaintiffs, rendered in the sixth district. The action was brought by the plaintiff as administrator of Sally Dickens, his wife, under the statute, to recover damages resulting to her next of kin in consequence of her death, which it is alleged was caused by the negligence of the defendants. The cause has been twice tried. The verdict rendered on the first trial was set aside by this court. (23 H. Y., 158.) The second trial was had before Mr. Justice Balcom and a jury. at. the Madison Circuit in December, 1852, and…
1Opinion of the Court
Hogeboom, ‘J.-
This is one of those nicely, balanced cases with which I think it is not proper for a court of review to interfere. Although the case appears to be a close one, both on the question of the negligence in the agents of the defendants, and the deceased whom the plaintiff represents, and the evidence is not very decided or controlling either way, yet I think there was enough to submit to the jury, and no legal error in leaving the question to them. As to the negligence of the defendants there were these facts for their consideration : the train was behind time ; the stop at the…
2Cited by2 opinions
- Reynolds v. New York Central & Hudson River RailroadNew York Supreme Court · 1874
- Van Ostran v. New York Central & Hudson River RailroadNew York Supreme Court · 1885