Aleckson v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Aleck Aleckson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of March, 1904, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 29th day of March, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.^ The action was…
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Appeal by the plaintiff, Aleck Aleckson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of March, 1904, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 29th day of March, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.^ The action was brought to recover for. personal injuries sustained while plaintiff was employed by the defendant in loading timbers, upon a…
1Opinion of the Court
O’Brien, J.:
Whether the swerving of the log was or was not due to the ■“snub” line on the other end of it does not clearly appear nor is it necessary for ns to determine. Apart from this we think the evidence would justify the inference that the negligence of the engineer in operating the engine so as to drop the log onto the plaintiff, was due to the absence of the signalman, for whose absence the defendant is chargeable. There being upon this a question of fact, taking the inferences most favorable to the plaintiff, which upon a nonsuit we must do, we think it was error to dismiss the…
2Cases cited1 opinion
- Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
3Cited by4 opinions
- Stewart v. Stone & Webster Engineering Corp.Montana Supreme Court · 1911
- Johnson v. Terry & Tech Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Di Napoli v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Simpson v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1909