Brick v. Rochester, New York & Pennsylvania Railroad
New York Court of Appeals
Appeal, from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made at the October term, 1883, which denied a motion for a new trial and directed judgment on a verdict. This was an action to recover damages for alleged negligence causing the death of plaintiff’s intestate, who was a laborer in defendant’s employ.
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Appeal, from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made at the October term, 1883, which denied a motion for a new trial and directed judgment on a verdict. This was an action to recover damages for alleged negligence causing the death of plaintiff’s intestate, who was a laborer in defendant’s employ. While riding upon a construction train it was thrown from the track and said intestate was killed. The material facts are stated in the opinion. Though Thompson, in some respects, might be regarded as…
1Opinion of the CourtMiller, J.
At the time the intestate lost his life the railroad, over which he was passing on a construction train, and upon which he had been employed, had been allowed to fall into decay and was then in the process of reconstruction for the purpose of being used. He was one of a number of laborers who were repairing the track, and he had been passing over it and was familiar with it. He, therefore, took all the risks incident to the dilapidated condition in which the track then was, or which the law imposed in such cases.' As an employe engaged with others in the reconstruction of the road, the…
2Cases cited1 opinion
- Crispin v. . BabbittNew York Court of Appeals · 1880
3Cited by19 opinions
- Colorado Midland R'y Co. v. O'BrienSupreme Court of Colorado · 1891
- Anderson v. BennettOregon Supreme Court · 1888
- O'Brien v. American Dredging Co.Supreme Court of New Jersey · 1891
- Bennett v. . Long Island R.R. Co.New York Court of Appeals · 1900
- Gardner v. Michigan Central R. R.Michigan Supreme Court · 1886
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