McGovern v. Central Vermont Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. This action was brought to recover damages for the death of Thomas McGovern, through the alleged negligence of defendant. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. This action was brought to recover damages for the death of Thomas McGovern, through the alleged negligence of defendant. The facts, so far as material, are stated in the opinion. It is the duty of the master to provide proper and safe machinery, and to provide a safe place for the performance of the work. (Laning v. N. Y. C. R. R. Co., 49 N. Y. 521-532;…
1Opinion of the Court
Ruger, Ch. J.
Thomas McGovern, the plaintiff’s intestate, a laborer in the employ of the defendant, was. killed while engaged in cleaning out a bin containing grain. The defendant operated a railroad and owned a grain elevator at Ogdensburg, and was engaged in the business of transporting grain and other freight upon its railroad. The elevator contained 144 bins; wooden structures about fifty feet in height and twelve or fourteen feet square, terminating at the bottom in a sort” of double hopper, from which spouts several feet in length and about six inches square ran to places provided for…
2Cases cited2 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
3Cited by45 opinions
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Cullen v. . NortonNew York Court of Appeals · 1891
- Promer v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Chicago, M. & St. P. Ry. Co. v. RileyCourt of Appeals for the Seventh Circuit · 1906
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