Harvey v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence, causing the death of William T. Harvey, plaintiff’s intestate.
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Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence, causing the death of William T. Harvey, plaintiff’s intestate. The intestate was a fireman in the employ of the defendant, and was killed at the village of Lyons, in the course of such employment, under the following circumstances: On the 5th day of January, 1877, a freight train on which the deceased was fireman was…
1Opinion of the CourtTracy, J.
This is a plain case. It is evident that the primary cause of the injury was the neglect of the switchman, Baldwin, to properly adjust the switch after using it to pass the local freight back upon track number.three. As Baldwin must be deemed to have been the co-servant of the plaintiff’s intestate, the plaintiff cannot recover unless some neglect of the defendant, as principal, also contributed to produce the injury.
*485The plaintiff alleged, and sought to prove upon the trial, that the defendant had wrongfully and negligently intrusted the duty of switchman at that station to an incompetent and…
2Cited by2 opinions
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Burke v. Syracuse, Binghamton & New York RailroadNew York Supreme Court · 1893