Dukes v. Eastern Distilling Co.
New York Supreme Court
Appeal from circuit court, Kings county. Action by Henry B. Dukes against the Eastern Distilling Company for injuries received while plaintiff was a brakeman on the Long Island Bailroad through the negligence of defendant in constructing a bridge over the railroad by which plaintiff was struck while engaged in his duties as brakeman. ■On the trial the court charged as follows: “Gentlemen of the Jury: The plaintiff in this action was a brakeman in the service of the Long…
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Appeal from circuit court, Kings county. Action by Henry B. Dukes against the Eastern Distilling Company for injuries received while plaintiff was a brakeman on the Long Island Bailroad through the negligence of defendant in constructing a bridge over the railroad by which plaintiff was struck while engaged in his duties as brakeman. ■On the trial the court charged as follows: “Gentlemen of the Jury: The plaintiff in this action was a brakeman in the service of the Long Island Bailroad Company.. He was stationed on the last car of the construction train, in which there were some eight or nine…
1Opinion of the CourtBarnard, P. J.
The defendant is a domestic corporation carrying on the business of distilling spirits at Blissville, in Queens county. The premises occupied by the firm are partly on one side of the track of the Long Island Railroad and partly on the other. There is a bridge connecting the buildings on each side of the railroad. This bridge at the time of the accident was 14 feet 11 inches above the top of the rails. The cars were from 10 feet to 12£ feet high. Some of these cars call for a brakeman to operate his brakes on top of the car. In September, 1885, just before passing under this bridge, a signal…
2Cited by1 opinion
- Neff v. New York Cent. & H. R. R.New York Supreme Court · 1894