Ward v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Manhattan Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on -the 21st day of October, 1903, upon the verdict of a jury for $5,000,' and also from an order entered- in said clerk’s office on the 26th day of October, 19Q3, denying the defendant’s motion for a new trial made upon the minutes. • This is a statutory action to recover for the death of Joseph…
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Appeal by the defendant, The Manhattan Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on -the 21st day of October, 1903, upon the verdict of a jury for $5,000,' and also from an order entered- in said clerk’s office on the 26th day of October, 19Q3, denying the defendant’s motion for a new trial made upon the minutes. • This is a statutory action to recover for the death of Joseph M. Ward, who was a switchman in the employ of the defendant and who sustained fatal injuries about six o’clock in the…
1Opinion of the Court
Laughlin, J.:
The charge of negligence against the defendant which was submitted to the jury was its failure to make, promulgate and enforce suitable and sufficient rules for the guidance of its employees with reference to their own safety in moving cars and making up trains. The learned trial justice instructed the jury that as matter of law the rules quoted in the statement of facts were applicable to the movement of cars in making up trains. It would seem from some of the expressions contained in the charge. that the court intended to instruct the jury that these rules, if enforced, were…
2Cases cited2 opinions
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
- Corcoran v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by7 opinions
- Welch v. Waterbury & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- O'Neil v. KarrAppellate Division of the Supreme Court of the State of New York · 1906
- Simpson v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Curran v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Bushtis v. Catskill Cement Co.Appellate Division of the Supreme Court of the State of New York · 1908
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