Schwier v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made February 11, 1881, which affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. An engineer is not chargeable with negligence in omitting to keep a watch on each side of his engine, to see that.no one was injured by coming up to the engine laterally.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made February 11, 1881, which affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. An engineer is not chargeable with negligence in omitting to keep a watch on each side of his engine, to see that.no one was injured by coming up to the engine laterally. (Bulger v. Albany Ry., 42 N. Y. 459.) The onus was upon the plaintiff to prove that his injury was caused by negligence on the part of the defendant’s employes. (Directors M. R.…
1Opinion of the CourtDanforth, J.
The cause of action was injury to the person of the plaintiff, occasioned, as he alleged, by the defendant’s negligence, and issue was joined by the defendant’s denial of that allegation. At the time of the injury the plaintiff was less than four years old, and contributory negligence on his part was not averred. The trial court refused to grant a nonsuit, and, after verdict, denied the defendant a new trial. The appeal is from the order then, made, and the question raised relates to the correctness of the ruling of the trial court.
It is an elementary rule that questions as to the sufficiency…
2Cases cited2 opinions
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
3Cited by30 opinions
- Carver v. Detroit & Saline Plank Road Co.Michigan Supreme Court · 1886
- Milio v. Railway Motor Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920
- United States v. Lee HuenDistrict Court, N.D. New York · 1902
- Reehil v. FraasAppellate Division of the Supreme Court of the State of New York · 1908
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