Sherman v. . the Rochester and Syracuse R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Supreme Court in favor of the defendants on a demurrer to the complaint. The complaint, after stating that the plaintiff is the widow and personal representative of Sharon Sherman, deceased, the character of the plaintiff as administratrix, and the corporate character and business of the defendants, states that the deceased, at the time, &c., was in the employment of the defendants, for hire, as a brakeman, and was charged with the duty of…
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Appeal from a judgment of the Supreme Court in favor of the defendants on a demurrer to the complaint. The complaint, after stating that the plaintiff is the widow and personal representative of Sharon Sherman, deceased, the character of the plaintiff as administratrix, and the corporate character and business of the defendants, states that the deceased, at the time, &c., was in the employment of the defendants, for hire, as a brakeman, and was charged with the duty of applying the brakes as often as he should be signalled to do so by the engineer or conductor, and was bound to obey the…
1Opinion of the CourtStrong, J.
It was decided by this court, in Coon v. The
Syracuse and Utica Railroad Company (1 Seld., 492), that a principal is not liable to one of his agents or servants, for injuries sustained through the negligence of another agent or servant, when both are engaged in the same general business. The plaintiff in that case was a trackman, following with his hand car in the evening, in the discharge of his duty, a passenger train, and while so engaged was run over by a train of cars of the defendant, called a stake train, which was without lights, did not usually pass at that hour, and the plaintiff had…
2Cited by22 opinions
- New England Railroad v. ConroySupreme Court of the United States · 1899
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Gabrielson v. . WaydellNew York Court of Appeals · 1892
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