Owen v. New York Central Railroad
New York Supreme Court
Owen sued the railroad company, claiming damages for injuries received while in its employ as brakeman. It appeared that Owen, who had, two years previously, been in the service of the company for several months, as brakeman on freight trains between Rochester and Syracuse, was, in August, 1864, re-employed to act in that capacity between the same points.
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Owen sued the railroad company, claiming damages for injuries received while in its employ as brakeman. It appeared that Owen, who had, two years previously, been in the service of the company for several months, as brakeman on freight trains between Rochester and Syracuse, was, in August, 1864, re-employed to act in that capacity between the same points. In September, succeeding his re-employment, while upon the roof of a freight car in a train moving upon his route,.he was brought in contact with a road bridge crossing over the track, and sustained the injuries, on account of which the…
1Opinion of the Court
Present — E. D. Smith, Dwight and Johnson, JJ.
By the Court
— Johnson, J.
If the learned justice, befor'é whom this cause was tried, committed any error in disposing of it at the trial, it was not an error of which the plaintiff can complain. He should, undoubtedly, at the close- of the evidence, have nonsuited the plaintiff, or ordered the jury to find a verdict for the defendant, as requested. • The risk of injury, by means of'the passage of the train of cars under the bridge in question, must be held to 'have beeSn 'assumed by the plaintiff, when he entered the defendant’s service as a…
2Cases cited1 opinion
- Faulkner v. Erie RailwayNew York Supreme Court · 1867
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- Hooper v. Columbia & Greenville R. R.Supreme Court of South Carolina · 1884
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