Williams v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, rendered at the January Term, 1886, which affirmed judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, rendered at the January Term, 1886, which affirmed judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. As with ordinary care and observation plaintiff could have observed the danger and avoided it, he assumed this risk and cannot recover for the injury sustained. (Gibson v. E. R. Co., 63 N. Y. 449, 452, 453; Evans v. L. S., etc., R. R. Co., 12 Hun, 289, 291;…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for a personal injury.
On the 8th of July, 1882, the plaintiff was engaged as a brakeman upon one of the defendant’s trains, composed of freight cars and one passenger coach, which was at the rear end of the train. At the time of the injury he was standing on top of one of the box-cars composing the train, and as the train passed under the Mitchell street bridge, in the village of Norwich, the back of his head struck against the bridge inflicting the injury complained of. There was a side or branch track, parallel with the main track, passing through…
2Cases cited2 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- De Forest v. . JewettNew York Court of Appeals · 1882
3Cited by49 opinions
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
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