Smith v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alexander Smith, from an order of the Appellate Term of the Supreme Court, entered- in the office, of the clerk of the county of New York on the 10th day of November, 19(55, reversing a judgment in favor of the plaintiff entered i-n the office of the clerk of the .City Court of the city of Sew York On the 2"5th day of March, 1905, upon .the verdict of a jury for $1,900, and also reversing an order entered in the office of the clerk of -said City…
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Appeal by the plaintiff, Alexander Smith, from an order of the Appellate Term of the Supreme Court, entered- in the office, of the clerk of the county of New York on the 10th day of November, 19(55, reversing a judgment in favor of the plaintiff entered i-n the office of the clerk of the .City Court of the city of Sew York On the 2"5th day of March, 1905, upon .the verdict of a jury for $1,900, and also reversing an order entered in the office of the clerk of -said City Court-on the 27th day of March, 1905, denying -the defendant’s motion for a new trial made upon the minutes.,
1Opinion of the Court
Laughlin, J.:
On the 29th day of December, 1902, the plaintiff'while in the employ of the defendant and engaged in shoveling snow off the. *203track and from around the rails with a shovel having a wooden handle and an iron scoop or bowl, pursuant to the direction of his foreman, touched the iron bowl of his shovel against the third fail, which conveys the current of electricity by which the trains are run, known as the positive pole, and at the same time brought it in contact with a bolt projecting from a tie which communicated with the earth, which is the negative pole, thus bringing the…
2Cases cited7 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Davidson v. . CornellNew York Court of Appeals · 1892
- Gates v. . StateNew York Court of Appeals · 1891
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Hall v. United States Radiator Co.Appellate Division of the Supreme Court of the State of New York · 1900
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