Felice v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiffs, • entered in the office of the clerk of the county of New York on the 18th day of September, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of September, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
On the 20th day of September, 1895, Vincenzo Felice, the plaintiff's’ intestate, was a laborer in the employ of the' defendant, and,- as such, was at work on what is known as the Weehawken tunnel, through which ran the West Shore railroad, a road under the control of the defendant. Felice with other men, under the charge of a foreman, was engaged in digging a ditch along the tracks through the tunnel. The place where they were at work was a long way from the entrance, so that no daylight could penetrate. The only means for artificial lighting of the tunnel -were the few torches…
2Cases cited5 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Bushby v. New York, Lake Erie & Western R. R. Co.New York Court of Appeals · 1887
- Paolo v. HunterAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by12 opinions
- Wilson v. St. Joe Boom Co.Idaho Supreme Court · 1921
- Smith v. . R. R.Supreme Court of North Carolina · 1903
- Smith v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of North Carolina · 1903
- Blanchard v. . D., L. W.R.R. Co.New York Court of Appeals · 1914
- Johnson v. Terry & Tech Co.Appellate Division of the Supreme Court of the State of New York · 1906
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