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(No. 76.)

Against a railroad company, by an executor, for negligently

causing the death of plaintiff's intestate.'

SUPERIOR COURT - CITY OF NEW-YORK.

Catherine M. Johnson, executrix of the last

will and testament of Peter A. Johnson, deceased,

agt.

The Hudson River Railroad Company.

The complaint of the abovenamed plaintiff against the abovenamed defendants, a railroad corporation, a body duly incorporated under the laws of the State of NewYork, respectfully shows:

That on the 28th day of August, 1853, the said defendants were engaged in running and propelling a car for the conveyance of freight on the railroad owned by the defendants, and known as the Hudson River Railroad, running between New-York aforesaid and Albany aforesaid, and other places on the line of the said road, and were so running and propelling the said car on the day and year aforesaid, by their servants, workmen or agents, upon that part of their said road lying in the ninth ward of the city of New

York, on West-street, at the intersection of Gansevoort-street, the same being a public highway of the said city, and that the said defendants, by their servants, workmen and agents, or some or one of them, then and there so carelessly and negligently conducted, managed and propelled their said car, that, by

See a precedent in such a case against the executors of a ferry proprietor, No. 15, Part III., ante, p. 377, and note.

such carelessness and negligence, their said car, with horses attached thereto, ran against, knocked down and ran over the said Peter A. Johnson, without any fault or neglect on his part, wounding and lacerating his head and body, and otherwise injuring him, so that he, the said Peter A. Johnson, thereafter, in consequence and by reason of the said injuries, and on or about the 30th day of the said month of August, 1853, died, leaving him surviving three infant children.

[The complaint here specified in detail various acts of carelessness and negligence complained of, which it is not deemed essential to insert.]

That the said car was, before and at the instant of running down the said Peter A. Johnson, driven and propelled at an unlawful rate of speed, in the city and county of New-York, to wit, at a rate of more than five miles an hour; and that the said defendants, by their aforesaid wrongful acts, neglect or default, caused the death of the said Peter A. Johnson; and that by reason of his death, caused and occasioned as aforesaid, damages have resulted to the widow and next of kin of him, the said Peter A. Johnson, deceased, whose names are William Nelson Johnson, Francis Malcolm Johnson and Emma Johnson, to the sum of $5,000.

[The complaint, after alleging the due appointment of the plaintiff as executrix, fc. of the deceased, closed by demanding judgment, as executrix, fc., in the sum of $5,000 and costs. See No. 15, ante, p. 377.]

(No. 77.)

Against a railroad company, for negligently injuring the

person of one luwfully traveling on a highway leading across its track.

SUPREME COURT-RENSSELAER COUNTY.

John Maher

agt. The Hudson River Railroad Company.

The plaintiff complains of the defendant, a railroad corporation duly incorporated under the statutes and laws of this state, and alleges the following facts which constitute his cause of action, that is to say:

That on or about the 21st day of May, 1854, between nine and ten o'clock in the evening, the said plaintiff was walking along Madison-street, a public street in the city of Troy, where said street crosses the road track used by the said defendant, as, he, the said plaintiff, might rightfully and lawfully do, and while so crossing said track, in the street aforesaid, the said defendant, by its agents and employees then in charge of a car or cars and locomotive of said defendant, on said track, by the carelessness, negligenee, unskillfulness and mismanagement of said defendant and its employees, and by their culpable neglect and failure to observe the requirements and regulations provided by law, relative to the running of locomotives and cars on the railroads of this state, wrongfully run a car or cars, attached to and propelled by a locomotive of said company, against the said plaintiff, at the place aforesaid, and threw him down on said track, and broke and mutilated the leg of said plaintiff

, and injured it to such a degree as to require immediate amputation, and otherwise injured the said plaintiff, whereby he, the said plaintiff, has suffered and sustained great loss and damage, as well in the permanent mutilation of his person, as in the cost and expense to which he has been subjected, in his sickness, by reason of such wrongful act of the defendant.

Wherefore the plaintiff demands judgment against the defendant, for the damages by him sustained, in the sum of $10,000, besides his costs.

S. & V. S.,

Plaintiff's Attorneys.

(No. 78.)

Against a railroad company for injury to the person of a

passenger, caused by the negligence of the company.

SUPREME COURT-DUTCHESS COUNTY.

William H. Gurney

agt. The Hudson River Railroad Company.

The complaint of the plaintiff respectfully shows to the court:

That the said Hudson River Railroad Company, defendants, are a body politic and corporate, under the name of the Hudson River Railroad Company, and before and at the time of the grievances hereafter mentioned were, and now are, owners and proprietors of a railroad, known and designated as the Hudson River Railroad, running from the city of New-York to the city of Albany, and of locomotive engines, and trains of cars moved and propelled by steam, by them used and employed in carrying and conveying passengers, for hire, on said Hudson River Railroad, from the city of New-York to the city of Albany, and to divers other places, on the line of said railroad, between the cities of New-York and Albany.

And, being such owners and proprietors, the said defendants, on the 4th day of December, 1851, received him into a train of cars of said company, called the five o'clock train, running on said road, as a passenger therein from the city of New-York to the village of Poughkeepsie, in the county of Dutchess, for certain fare and reward so paid by him the said plaintiff, he the said plaintiff taking passage in said train of cars at the said city of New York, to go and be conveyed to the said village of Poughkeepsie aforesaid.

And by reason whereof the said defendants ought to and were bound to have conveyed the said plaintiff carefully, and in a careful manner, from the said city of New-York to the said village of Poughkeepsie. Yet the said defendants, not regarding their duty in this behalf, conducted themselves so carelessly, negligently and unskillfully in this behalf, that, by and through the carlessness, negligence, unskillfulness and default of themselves, their servants, conductors and agents having charge of and conducting the several trains of cars running upon said road, and for want of due care and attention to their duty in that behalf, a locomotive engine, to which a train of cars was attached, belonging to and in the employment of said company, and running upon said road, in charge of and conducted by the agents, servants and conductors of said company, called the five and a half o'clock train, and running upon said road in the same direction with the train in which plaintiff was a passenger, came in collision with and run

This allegation is a mere legal conclusion, and is entirely superfluous. (See ante, p. 473, and note.)

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