Murphy v. New York Central & Hudson River Railroad
New York Court of Common Pleas
. Appeal from a judgment of this court entered upon the verdict of a jury, and from an order denying a motion for a new trial. On the 21st of September, 1880, the intestate, John Murphy, was employed by the defendant as a track laborer. He did service for about one month on the tracks in defendr ant’s y’ards between Tenth and Eleventh avenues and Thirtieth and Thirty-third streets in the City of New York.
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. Appeal from a judgment of this court entered upon the verdict of a jury, and from an order denying a motion for a new trial. On the 21st of September, 1880, the intestate, John Murphy, was employed by the defendant as a track laborer. He did service for about one month on the tracks in defendr ant’s y’ards between Tenth and Eleventh avenues and Thirtieth and Thirty-third streets in the City of New York. On the 23d of October, while so emplo3ed on the track, he was struck and killed by a car coming from behind him, running without a brakeman, to which impetus had been given by a…
1Opinion of the CourtBeach, J.
[After stating the facts as above.]—The principal questions on this appeal arise upon exceptions taken on behalf of the defendants to the charge of the court and to refusals to charge requests of defendants’ counsel. I am not aware of any legal obligation resting upon the defendants to conduct their business in any special manner, or to refrain from pursuing any method deemed proper by them in the mode of its transaction, although they are bound to use ordinary care to avoid exposing servants to extraordinary risks which they could not reasonably anticipate. If one of their servants be…
2Cited by1 opinion
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