Nappa v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Nappa, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 22d day of January, 1912, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the same day denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
On the afternoon of November 25, 1904, the plaintiff, a freight handler in defendant’s employ, was assisting in unloading barrels from a freight car into a freight house. The barrels were rolled over an iron skid or running board, about three feet square, one end of which was placed on the floor of the car and the other on the platform of the freight house. Usually the skid was secured by nailing a wooden cleat on the platform at the end of the skid, but upon this occasion that was *11not done, and the skid was not secured in any way. It fell while the plaintiff was standing with one…
2Cases cited3 opinions
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- Nappa v. . Erie R.R. Co.New York Court of Appeals · 1909
- Greif v. Buffalo Lockport & Rochester Railway Co.New York Court of Appeals · 1912
3Cited by2 opinions
- Nappa v. . Erie Railroad CompanyNew York Court of Appeals · 1916
- Nappa v. Erie R.Appellate Division of the Supreme Court of the State of New York · 1914