Jones v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried, after a verdict rendered in favor of the plaintiff. The action was brought to recover damages for the alleged negligent hilling of the plaintiff’s intestate by the defendant.
1Opinion of the Court
Follett, J.:
The plaintiff’s husband was employed by the defendant as a brakeman on a freight train. While in this service he was killed. No person saw the accident causing his death.
The complaint alleges that the defendant negligently and carelessly furnished and used a freight car with a defective and unsafe round or step in a ladder on the side of the ear.
The theory of the plaintiff is, that the decedent, while passing up or down the side of this freight car, fell by reason of a defective or unsafe round, or step, and was killed. The court charged the jury: “ Defendant was bound.....to…
2Cases cited3 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Malone v. . HathawayNew York Court of Appeals · 1876
- Faulkner v. Erie RailwayNew York Supreme Court · 1867