Inglese v. New York, New Haven & Hartford Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leonardo Inglese, from a judgment of the Supreme Court in favor of the defendant; entered in the office of the clerk of tlie county of Westchester. on the 28th. day of November, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Westchester Trial Term, and also from an order entered in said clerk’s office on the 29th day of October, 1908, denying the plaintiff’s motion for a new…
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Appeal by the plaintiff, Leonardo Inglese, from a judgment of the Supreme Court in favor of the defendant; entered in the office of the clerk of tlie county of Westchester. on the 28th. day of November, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Westchester Trial Term, and also from an order entered in said clerk’s office on the 29th day of October, 1908, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burb, J.:
Plaintiff was employed by the defendant to assist in repairing its tracks. On the 9th day of July, 1907, he was engaged in working on the east-bound track near Pelham, taking up old ties and putting down new ones. Caneo Sabio belonged to the same gang of track repairers. It was the custom of the foreman of the gang to give warning to the workmen of the approach of a train by saying, “ Look out.” He instructed the men not to leave.the track until he warned them, and not to leave any tools upon the track. The penalty for disobedience was discharge. On the. day in question the plaintiff…
2Cases cited5 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Whittaker v. . D. H.C. Co.New York Court of Appeals · 1891
- Schradin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Smith v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Marson v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- Boyce Motor Lines, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1952
- Tomasetti v. StateNew York Court of Claims · 1952
- Curran v. . Lake Champlain M.R.R. Co.New York Court of Appeals · 1914
- Curran v. Lake Champlain & Moriah RailroadAppellate Division of the Supreme Court of the State of New York · 1911