Transcript Appeals.

SEPTEMBER TERM,

1867.

GEORGE H. MCINTYRE, ADMINISTRATOR, &c., v. THE NEW YORK CENTRAL RAILROAD CO.

Injuries causing death-Measure of damages-Notes of Testimony-Evidence.

It is not negligence for a passenger in a car, when there are no seats unoccupied, to attempt to pass to another car for a seat, in obedience to the direction of Defendant's employé.

The question of contributing negligence is one of fact, and belongs to the jury.

In an action for producing death by negligence, &c., the jury must be satisfied that pecuniary injuries have resulted; and if so satisfied, they are at liberty to allow them from whatever source they actually proceeded, and which could produce them.

THE Plaintiff brought this action, under the statute, as administrator of Mrs. Susannah Knight, deceased, in behalf of her next of kin, to recover damages for her death, alleged to have been caused by the negligence of the employés of the Defendant, in November, 1859. It was proved on behalf of the Plaintiff, upon the trial, that Mrs. Knight, in company with her father, an old man, took the cars of the Defendant at Schenectady, and proceeded to Syracuse, occupying the rear car of the train. At Syracuse the car in which they were seated was detached from the train, and they were directed to go forward into the next car. The testimony on the part of the Plaintiff was to the effect that they had barely time to reach the next car when the train was started.

There were no seats in the car which they entered; and they