Plank v. New York Central & Hudson River Railroad
New York Supreme Court
This action is brought to recover damages of defendant under the statute in relation to compensation for causing death by wrongful act, neglect or default.
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This action is brought to recover damages of defendant under the statute in relation to compensation for causing death by wrongful act, neglect or default. The complaint alleges among other things, that the deceased was the hired servant, as brakeman, of defendants on the 21st day of December, 1869, and as such was engaged in the proper discharge of his duties in coupling the cars of defendant at a point of defendant’s road near Palatine Bridgé, that while the cars were in motion, backing, and while thus doing he accidentally slipped into an uncovered drain culvert crossing said road and…
1Opinion of the CourtJ. Potter, J.
The plaintiff having been nonsuited, he is entitled, upon this appeal, to the benefit of any conclusion which,the jury could have properly drawn from the evidence. Morss v. Osborn, 64 Barb. 543.
• If the inference of defendant’s negligence can be drawn from the evidence, it must be assumed by the court in the consideration of this case. The first question then is, would the jury have been warranted in finding negligence from the facts ?
If so, does the fact of the employment of the deceased as brakeman by defendant, and his being in the performance of that duty when the accident occurred,…
2Cases cited4 opinions
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Ryan v. . FowlerNew York Court of Appeals · 1862
- Brickner v. New York Central RailroadNew York Supreme Court · 1870
- Morss v. OsbornNew York Supreme Court · 1873