McHugh v. Manhattan Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 8, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 8, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. There was sufficient evidence to enable the jury to find that Flanagan, who was acting as train dispatcher, .negligently started the train while the deceased was between the engine and the first car, or in a position of danger, and that the deceased was free from…
1Opinion of the Court
Cullen, Ch. J.
This action is brought under the Employers’ Liability Act (Chap. 600, Laws of 1902), the plaintiff having given the notice to the defendant required by that statute. The plaintiff’s intestate was a coupler in the employ of the defendant in its yard at Rector street in the city of New York. At this point the elevated trains coming from the north were switched over to the north-bound track. An engine stood on that track readj to be attached to what had been the rear of the incoming train. When the train was brought to a stop the engine was backed down to the train ■ and coupled…
2Cases cited5 opinions
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Hankins v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1894
- Schafer v. Mayor of New YorkNew York Court of Appeals · 1897
- Eaton v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
3Cited by24 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- McBride v. New York Tunnel Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Irish v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Abrahamson v. General Supply & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1906
19 more not listed; retrieve them via the Exa API.