Mikos v. New YorK Central & Hudson River Railroad Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York "Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 21st day of .August, 1905, upon the verdict of' a jury for $7,233.33, and also from an 'order entered in said clerk’s office on the 21st" day of "August, 190&, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J,:
The complaint sets out and the proof tended to establish a cause of action within the Employers’ Liability Act (Laws of 1902, chap. 600). - The plaintiff’s intestate Was in the: employ of. the- defendant engaged in cleaning the engines from ashes in an- ashpit provided, *537for that,purpose. This ashpit was connected with the defendant’s yards at East Buffalo, w'as constructed of cement and adaptable for the purpose intended. It was the practice to run cars, from which the ashes needed dumping, on tracks over these pits, and men crawled under the engines and scraped out the ashes with…
2Cases cited4 opinions
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- McBride v. New York Tunnel Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Faith v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Faith v. New York Central and Hudson River Rail. Co.New York Court of Appeals · 1906
3Cited by3 opinions
- Anderson v. Pennsylvania Steel Co.New York Supreme Court · 1908
- Holt v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1908
- Ozogar v. Pierce, Butler & Pierce Manufacturing Co.New York Supreme Court · 1907