Hotaling v. James Stewart & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Stewart & Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk -of the county of Saratoga on the 25th day of May, 1914, upon the verdict of a jury for $175, and also from an order entered in said clerk’s office on the 20th day of May, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
The defendant is a contractor upon the barge canal, and in its work uses a locomotive in hauling dump cars from its steam shovel to the dump. Bissonette was the engineer upon the engine, the plaintiff the brakeman. As they were approaching the dump a quick signal was given to the engineer to stop. He applied the brake in the usual way, and stopped within thirty or forty feet. He was going eight or ten miles an hour. The brakeman was standing on an iron plate, the apron which covers the space between the locomotive and the tender.- As the brake was applied the engineer saw the…
2Cases cited1 opinion
- Larson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- O'Connor v. James Stewart & Co.New York Supreme Court · 1916