Dixon v. New York, Ontario & Western Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 15, 1909, which affirmed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. A nonsuit should have been granted because no negligence on defendant’s part was established. (Toppi v. McDonald, 128 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 15, 1909, which affirmed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. A nonsuit should have been granted because no negligence on defendant’s part was established. (Toppi v. McDonald, 128 App. Div. 443; Carney v. M. D. Co., 191 N. Y. 301; McGinness v. T. A. R. R. Co., 104 App. Div. 342; Dobbins v. Brown, 119 N. Y. 188; Kern v. B. I.…
1Opinion of the CourtHiscock, J.
While respondent’s intestate was in the employ of appellant, on December 25, 1906, as the conductor of a yard or switching crew and engaged in the line of his duties, lie fell through some open tracks into an underlying subway and received injuries which resulted in his death. This action was brought under the common law and thus far has been successfully maintained on the theory that the appellant was guilty of negligence in not furnishing the intestate with a proper place in which to do his work. Whatever may be judged concerning the omissions of the appellant we are of the opinion that the…
2Cases cited6 opinions
- Shaw v. . SheldonNew York Court of Appeals · 1886
- Hordern v. Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 1908
- Fredenburg v. Northern Central Railway Co.New York Court of Appeals · 1889
- Jenks v. . ThompsonNew York Court of Appeals · 1904
- Kennedy v. Manhattan Railway Co.New York Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fitzwater v. . WarrenNew York Court of Appeals · 1912