Coon v. . the Syracuse and Utica Railroad Co.
New York Court of Appeals
* Appeal from the general term of the Supreme Court, in the fifth district, where a motion for a new trial had been denied, and 'a judgment of nonsuit affirmed. (Reported below, 6 Barb. 231.) This was an action upon the case, to recover damages for injuries sustained by the plaintiff, in consequence of being negligently run over by a train of cars on the defendant’s railroad. The defendant pleaded the general issue.
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* Appeal from the general term of the Supreme Court, in the fifth district, where a motion for a new trial had been denied, and 'a judgment of nonsuit affirmed. (Reported below, 6 Barb. 231.) This was an action upon the case, to recover damages for injuries sustained by the plaintiff, in consequence of being negligently run over by a train of cars on the defendant’s railroad. The defendant pleaded the general issue. It appeared on the trial, before Pbatt, J., that, at the time of the accident, the plaintiff was in the defendant’s employment, as a trackman, and had been so for five or six…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It has been decided in England, and in Massachusetts and some other states of the union, that, where different persons are employed by the same principal in a common enterprise, no action can be sustained by them against their employer, on account of injuries sustained by one agent through the negligence of another. (Priestly v. Fowler, 3 Mees. Welsb. 1; Farwell v. B. W.R.R. Co. 4 Met. 49; Murray v. S. Carolina R.R.Co., 1 McMullan, 385.)
In Brown v. Maxwell, (6…
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