Toms v. Buffalo Creek Railroad
New York Supreme Court
Case certified from superior court of Buffalo. Action by Joseph P. Toms against the Buffalo Creek Bailroad Company. From a judgment recovered in a superior court of Buffalo on the verdict of a jury in favor of plaintiff, and from an order made by that court, denying a motion for a new trial on the court’s minutes, defendant appealed. Two of the judges of that court being disqualified to hear the appeal, it was certified into this court.
1Opinion of the CourtLewis, J.
The plaintiff recovered a verdict in the month of August, 1882, against the defendant, for injuries sustained by him, alleged to have been caused by the negligence of the defendant. The defendant is a steam railroad in the city of Buffalo. The plaintiff, at the time of receiving his injuries, was in its employ, as a, switchman. His complaint alleges that it was part of his duty, as such switchman, to go in between cars, for the purpose of coupling and uncoupling them; that there was, on the day he was injured, a train composed of a locomotive and twelve cars, belonging to the defendant, and…
2Cited by1 opinion
- Lyon v. Galveston, Harrisburg & San Antonio Railway Co.Court of Appeals of Texas · 1895