Young v. New York Central Rail Road
New York Supreme Court
MOTION for a new trial, on exceptions, which were ordered to be first heard at a general term. The plaintiff claimed to recover for an injury sustained by him, while at work upon a bridge which was undergoing repairs, on the road of the defendants, on the 12th of August, 1857. He alleged in his complaint, which was sworn to, that he was a carpenter and joiner, and as such the defendants employed him to do certain work and repairs upon the track of their said road, and in and…
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MOTION for a new trial, on exceptions, which were ordered to be first heard at a general term. The plaintiff claimed to recover for an injury sustained by him, while at work upon a bridge which was undergoing repairs, on the road of the defendants, on the 12th of August, 1857. He alleged in his complaint, which was sworn to, that he was a carpenter and joiner, and as such the defendants employed him to do certain work and repairs upon the track of their said road, and in and upon a bridge -on their said road at or near Wende, in the county of Erie; and he alleged the injury to have occurred…
1Opinion of the Court
By the Court, Johnson, J,
The plaintiff was nonsuited, as appears from the case, on the ground that his claim fell within the rule of those cases holding that the liability to injury was incident to his employment, and that the plaintiff, in accepting such service, must be regarded as having known the use to which the defendants* road was subject; and that he was therefore to incur such hazard as might be occasioned by such use ; and must be taken to have contracted with reference to the running of the cars over the bridge during the time of making the repairs. The case was disposed of,…
2Cases cited3 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
3Cited by11 opinions
- Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Michigan Central Railroad v. LeaheyMichigan Supreme Court · 1862
- Myer v. HobbsSupreme Court of Alabama · 1876
- Dempsey v. New York Cent. & H. R. R.New York Supreme Court · 1894
- Wells v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
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