Clark v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Manhattan Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 31st •day of March, 1902, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the 27th day of March, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action was brought to recover damages for claimed negligent conduct upon the part of the defendant, resulting in the death of the plaintiff’s intestate.
It appeared upon the trial that the deceased was an employee of the defendant, and upon the 26th day of November, 1901, was engaged as a track repairer, repairing tracks upon the defendant’s structure between Fifty-first and Fifty-second streets.
The work in its performance required the deceased to lean over the rails with his head down between the ties and drive up bolts into a guard rail, which was bolted down from the top.…
2Cases cited1 opinion
- Cameron v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895
3Cited by3 opinions
- Chicago & Erie Railroad v. HamerickIndiana Court of Appeals · 1911
- Unadilla Valley Ry. Co. v. DibbleCourt of Appeals for the Second Circuit · 1929
- Miller v. International Railway Co.New York Supreme Court · 1907