Warszawski v. McWilliams
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Joseph Warszawski, for a new trial upon a case- containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon a nonsuit granted by the court after a trial at the Erie Trial Term. ■' The action was commenced in July, 1900, to recover damages sustained by the plaintiff in the month of January previous on account of the alleged negligence of the defendant. .
1Opinion of the Court
McLennan, J.:
In the month of January, 1900, the defendant was and for several years prior thereto had been engaged in operating a coal trestle situate in the town of Oheektowaga, in the county of Erie. The trestle was a, covered structure, several hundred feet in length, between twenty-five and thirty feet wide, extending east and west,,' anc| was used for the purpose, of unloading coal direct from railroad cars into chutes or storage bins, which were a part of the structure. At an elevation of about forty feet, and directly under the roof of the trestle, a substantial floor was constructed…
2Cases cited6 opinions
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Capasso v. . WoolfolkNew York Court of Appeals · 1900
- Stourbridge v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Golden v. SieghardtAppellate Division of the Supreme Court of the State of New York · 1898
- Kiffin v. WendtAppellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Beard v. GouldingIndiana Court of Appeals · 1914
- Rosenbaum v. City of New YorkNew York Supreme Court · 1908