Legal Opinion

New York, N. H. & H. R. v. Blessing

Court of Appeals for the Second Circuit

Decided April 16, 1895PublishedCited by 10 opinions

In Error to tlie Circuit Court of the United States for the Southern District of New York. This was an action by Karl H. Blessing, as administrator of Jacob F. Blessing, against the New York, New Haven & Hartford Railroad Company, to recover damages for the death of the intestate, alleged to have been caused by defendant’s negligence. The plaintiff recovered a judgment in the circuit court Defendant brings error.

1Opinion of the Court

WALLACE, Circuit Judge.

This is a writ of error by the defendant in the court below to review a judgment for the plaintiff entered upon the verdict of a jury. The action was brought by an administrator to recover damages for the death of Jacob F. Blessing, who, it was alleged, was killed by the negligence of the defendant. The issues upon the trial were whether the defendant was guilty of negligence, and whether the deceased was guilty of contributory negligence.

It appeared in evidence that the deceased was struck and fatally injured by the locomotive of a freight train while crossing the…

2Cases cited3 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. Railroad Company v. HoustonSupreme Court of the United States · 1878
  3. New York & T. S. S. Co. v. AndersonCourt of Appeals for the Second Circuit · 1892

3Cited by10 opinions

  1. Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
  2. Northwestern Mut. Life Ins. v. StevensCourt of Appeals for the Eighth Circuit · 1895
  3. James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
  4. St. Louis, I. M. & S. Ry. Co. v. SpencerCourt of Appeals for the Eighth Circuit · 1895
  5. Boston & M. R. Co. v. McDuffeyCourt of Appeals for the Second Circuit · 1897

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