Miller v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 10th day of November, 1896, upon the verdict of a jury, and also from an order-entered in said clerk’s office on the 24th day of November, 1896,. denying the defendant’s motion for a new trial made upon the. minutes.
1Opinion of the Court
Cullen, J.:
The plaintiff was employed as a switchman in the yard of the. defendant at Middletown. In moving cars in the yard'it was customary' to use a push pole, by which an engine on one track was-enabled to move or push a car on an adjoining track. It was part. *46■of the plaintiff’s duty to place the push pole in position between the •engine and me car to be moved. While engaged in this work, the push joole broke and the plaintiff was very severely injured. The push pole was a hickory stick, about' eight feet long and six inches in diameter in the middle, tapering to four inches at the ends,…
2Cases cited1 opinion
- Marsh v. . ChickeringNew York Court of Appeals · 1886
3Cited by17 opinions
- Wachsmuth v. Shaw Electric Crane Co.Michigan Supreme Court · 1898
- Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909
- Koschman v. AshSupreme Court of Minnesota · 1906
- Lynn v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1905
- Byrne v. . Eastmans Co. of N.Y.New York Court of Appeals · 1900
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