Bitondo v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gragry Bitondo, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schenectady on the 4th day of April, 1914, upon the dismissal of the complaint by direction of the court at the close of the case on a trial before the court and a jury at the Schenectady Trial Term.
1Opinion of the Court
Kellogg, J.:
The complaint alleged in paragraph 1 that at all the times stated the defendant was a domestic corporation engaged in the business of running and managing a railway from Buffalo to New York, and which railway .and the tracks thereof passed through the city of Schenectady. In paragraph 2 it alleged, among other things, that the intestate was employed by the defendant as a trackhand engaged in repairing defendant’s railroad tracks in Schenectady, and that the defendant’s train ran over him while he was engaged in that work. The answer expressly admitted paragraph 1 of the complaint;…
2Cases cited1 opinion
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
3Cited by3 opinions
- Chrosciel v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Chrosciel v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Del Mondo v. Delaware, L. & W. R. Co.Appellate Division of the Supreme Court of the State of New York · 1915