Wagner v. New York, Chicago & St. Louis Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hew York, Chicago and St. Louis ■Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office,of the clerk of the county of Chautauqua on the 23d day of April, 1902, upon the verdict of a jury for $3,875, and also from an order entered in said clerk’s office on the 23d day of April, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
This action was brought to recover damages for the death of plaintiff’s intestate who was killed by being precipitated from defendant’s railroad track into a ravine thereunder while at work upon a derrick car belonging to defendant. The accident was caused through said car being toppled off .the track by the weight of a stone which was being raised. The trial justice permitted the jury to find that the defendant was guilty of negligence in not having a proper appliance upon the car for controlling the swing of the boom of the derrick by which the stone was being raised, and also…
2Cited by7 opinions
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- De La Mar v. HerdeleyCourt of Appeals for the Second Circuit · 1907
- Edgar v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Murphy v. MillikenAppellate Division of the Supreme Court of the State of New York · 1903
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