Coppins v. N. Y. C. & H. R. R. R.
New York Court of Appeals
Appeal from a judgment of the general term of the fourth judicial department, which modified and affirmed as modified a judgment entered upon a verdict of a jury and denied a motion for a new trial. The plaintiff was a brakeman in the service of the defendant and on the 10th day of May, 1880, was employed upon an express passenger, train which was scheduled to pass the station at St. Johnsville at three minutes past five in the afternoon.
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Appeal from a judgment of the general term of the fourth judicial department, which modified and affirmed as modified a judgment entered upon a verdict of a jury and denied a motion for a new trial. The plaintiff was a brakeman in the service of the defendant and on the 10th day of May, 1880, was employed upon an express passenger, train which was scheduled to pass the station at St. Johnsville at three minutes past five in the afternoon. The train was derailed at that point on account of a misplaced switch, and the plaintiff received injuries for which he has recovered damages in this…
1Opinion of the CourtBrown, J.
If the evidence in this case justifies the conclusion that the engineer of the passenger train was negligent in not observing the target at the misplaced switch, or in running his train at a high rate of speed past the station in the absence of signals that the track was safe, that fact of itself is not available as a defense if negligence was established on the part of the defendant, as the law is too well-settled upon principle and authority to be now questioned, that negligence of a servant does not excuse the master from liability to a co-servant for an injury which would not have…
2Cases cited1 opinion
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
3Cited by38 opinions
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Schwarzschild & Sulzberger Co. v. WeeksSupreme Court of Kansas · 1905
- Sipes v. Puget Sound Electric RailwayWashington Supreme Court · 1909
- Chicago, St. P. & K. C. Ry. Co. v. ChambersCourt of Appeals for the Eighth Circuit · 1895
- Cubbage v. Estate of Conrad Youngerman, Inc.Supreme Court of Iowa · 1912
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