Ryan v. Delaware and Hudson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gordon Ryan, as administrator, etc., of Frederick Ryan, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Washington on the 23d day of March, 1900, upon the dismissal of the complaint by direction of the court after a trial at the Washington Trial Term. The defendant operates a single-track steam railroad north of Whitehall.
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Appeal by the plaintiff, Gordon Ryan, as administrator, etc., of Frederick Ryan, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Washington on the 23d day of March, 1900, upon the dismissal of the complaint by direction of the court after a trial at the Washington Trial Term. The defendant operates a single-track steam railroad north of Whitehall. On June 20, 1903, a regular north-bound passenger train was scheduled to. leave Whitehall at two o’clock in the morning. It left the latter place more than forty minutes…
1Opinion of the Court
Cochrane, J.:
The law imposed upon the defendant the duty of making and enforcing such reasonable rules and regulations for the government of the men.in its service as to prevent or guard against injury by one servant to another in so far as that was reasonable and practicable. (Doing v. New York, Ontario & Western R. Co., 151 N. Y. 583; Corcoran v. Delaware, Lackawanna & Western R. R. Co., 126 id. 673.)
It was held by the learned trial court that the rules ¡Dromulgated by the defendant were adequate and sufficient and that the accident was caused solely by the negligence of the crew of the…
2Cases cited4 opinions
- Coppins v. New York Central & Hudson River RailroadNew York Court of Appeals · 1890
- Doing v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1897
- Smith v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- Shannon v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Sipes v. Puget Sound Electric RailwayWashington Supreme Court · 1909