Chapman v. Erie Railway Co.
New York Supreme Court
This is an appeal from an order at special term granting a new trial on a case and exceptions. This action was brought to recover damages for the death of the plaintiff’s husband, on the ground that the same was occasioned by the negligence of the defendant.
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This is an appeal from an order at special term granting a new trial on a case and exceptions. This action was brought to recover damages for the death of the plaintiff’s husband, on the ground that the same was occasioned by the negligence of the defendant. The deceased was an engineer in the employ of the defendant at the time of his death, which was caused by the collision of two freight trains on the defendant’s road, which collision was the result of the admitted negligence of one Allison, the telegraph operator and train dispatcher employed by the defendant, and engaged at the time in…
1Opinion of the CourtE. D. Smith, J.
The new trial was granted at special term upon the express ground that the plaintiff’s husband and Allison, the telegraph operator of the defendant, were fellow-servants of a common master, engaged in the same general business, and that the liability to injury from negligence of a co-servant was a risk that each servant took upon himself in the service of such common master. Following the case of Warner v. Erie Railway Co., 39 N. Y. 468, the views of the learned judge were doubtless in accordance with those expressed in the opinion in that case as generally received, that no class of officers…
2Cases cited4 opinions
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Laning v. New York Central RailroadNew York Court of Appeals · 1872
- Bissell v. New York Central Rail RoadNew York Supreme Court · 1859
- Warner v. Erie RailwayNew York Supreme Court · 1867