Sheehan v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made October 28, 1881, which set aside a verdict in favor of plaintiff and ordered a new trial. This action was originally brought by.Dennis Sheehan, the present plaintiff’s intestate,' to recover damages for injuries received by him in a collision of two trains on the Auburn branch of defendant’s road.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made October 28, 1881, which set aside a verdict in favor of plaintiff and ordered a new trial. This action was originally brought by.Dennis Sheehan, the present plaintiff’s intestate,' to recover damages for injuries received by him in a collision of two trains on the Auburn branch of defendant’s road. During the pendency of the appeal to this court Sheehan died and the present plaintiff was substituted. The material facts are stated in the opinion.
1Opinion of the CourtDanforth, J.
As between servant and employer, the latter is bound to use reasonable care in the prosecution of the business in which he engages the former, and it cannot be made out upon principle, or from any case of authority, that he shall not be liable for damages arising from a failure to do so. (Laning v. N. Y. C. R. R. Co., 49 N. Y. 521; 10 Am. Rep. 417; Cone v. Del. Lack. & West. R. R. Co., 81 N. Y. 206; 37 Am. Rep. 491; Flike v. Boston & Albany R. R. Co., 53 N. Y. 549; 13 Am. Rep. 545; Booth v. The Same, 73 N. Y. 38 ; 29 Am. Rep. 97.) So, where the master delegates to another entire control over…
2Cases cited5 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Slater v. . JewettNew York Court of Appeals · 1881
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
3Cited by10 opinions
- Smith v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
- Edge v. Southwest Missouri Electric Railway Co.Supreme Court of Missouri · 1907
- Railroad Co. v. BarrySupreme Court of Arkansas · 1893
- McCoy v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1906
- Chicago & Alton Railroad v. McDonaldAppellate Court of Illinois · 1887
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