Hunter v. New York, Ontario & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff while in defendant’s employ as abrakeman. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff while in defendant’s employ as abrakeman. The facts are sufficiently stated in the opinion. There was no proof which warranted the submission of the question of defendant’s negli. gence to the jury, and the motion for a nonsuit should have been granted. (Baulec v. N. Y. & H. R. R. Co., 59 N. Y. 356, 366;…
1Opinion of the CourtBrown, J.
Assuming that the plaintiff was struck upon the head by the brick arch within the tunnel, and that he was, as a result of that blow, thrown from the cars and injured, I think there was ample evidence for the jury to determine that the defendant was guilty of neglect producing the accident, and that the plaintiff was free from carelessness contributing to it. The jury were warranted in finding that the only notice that the plaintiff had of the existence of the arch was that received from the tell-tale. This was located about two hundred feet west of the west entrance of the tunnel. It served…
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