McCarty v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Action by Horace C. McCarty against the New York Central & Hudson River Railroad Company. On exceptions to a judgment of nonsuit. Ordered to be heard in the first instance by the appellate division. Exceptions sustained.
1Opinion of the CourtSpring, J.
This is an action of negligence to recover for personal injuries sustained by the plaintiff by being struck and run over by a freight car of the defendant in the city of Syracuse on the 20th of June, 1901. The plaintiff was a canal boatman in the employ of one Butler, who was operating two boats, each 96 feet in length, at the time of the infliction of the injuries. The boats came into Syracuse on the canal on the evening of the 19th of June, *322loaded with coal, and Butler and the' plaintiff spent the day on the towpath and northerly side of the canal getting rid of the load on the Hastings,…
2Cases cited8 opinions
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- Flynn v. Central RailroadNew York Court of Appeals · 1894
- Dempsey v. New York Cent. & H. R. R.New York Supreme Court · 1894
- Conlan v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
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3Cited by2 opinions
- Wilson v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Union Pacific Railroad v. ConnollyNebraska Supreme Court · 1906