Legal Opinion

Berrigan v. New York, Lake Erie & Western Railroad

New York Court of Appeals

Decided February 12, 1892Published

Appeal from judgment of the supreme court, general term, fifth department, affirming judgment entered upon the verdict of a jury at circuit.

1Opinion of the CourtO’Brien, J.

—On the 16th of October, 1886, the plaintiff’s intestate, Edward Berrigan, while coupling cars in the defendant’s yard, received an injury from which he subsequently died. He received the injury while making up a train in the defendant’s yard at Corning which was known as the Rochester way freight, which ran. from Corning to *36Rochester. He was the caboose bralceman, and that part of the train which consisted of the way cars was made up upon what was called siding number two, one of several on the right of the main track going east, and had been so made up for twelve or fifteen years prior to…

2Cases cited5 opinions

  1. Appel v. Buffalo,New York & Philadelphia Railway Co.New York Court of Appeals · 1888
  2. Byrnes v. . N.Y., L.E. W.R R. Co.New York Court of Appeals · 1889
  3. Corcoran v. . Delaware, Lackawanna and Western Rd. Co.New York Court of Appeals · 1891
  4. Goodrich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
  5. Harvey v. . N.Y. Cent. Hudson R.R.R. Co.New York Court of Appeals · 1882

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