Gottlier v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General. Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1883, which affirmed á judgment in favor of plaintiff, entered upon a verdict. (Reported below, 29 Hun, 637.) ■ The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General. Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1883, which affirmed á judgment in favor of plaintiff, entered upon a verdict. (Reported below, 29 Hun, 637.) ■ The nature of the action and the material facts are stated in the opinion. The servant assumes the risks ordinarily incident to the business in which he engages as it is conducted by his employer, or as it may from time to time be changed by the employer. (Wood on Mast, and Serv., § 326; Priestly v. Fowler, 3 M. & W. 1; Owen v. R. R. Co., 1 Lans. 108;…
1Opinion of the CourtEarl, J.
This action was brought to recover damages for personal injuries received by the plaintiff while in the discharge of his duties as a brakeman on a freight-train of the defendant. While trying to couple two cars he was crushed between them, sustaining serious injuries. Whether he was'chargeable with contributory negligence was clearly a question of fact for the jury, and the trial judge did not err in submitting it to them nor in his charge in reference thereto. The sole questions for our consideration are whether there was any evidence of the defendant’s negligence for submission to the jury,…
2Cases cited4 opinions
- Mackin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1883
- Ballou v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Baldwin v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Jetter v. New York & Harlem RailroadNew York Court of Appeals · 1865
3Cited by11 opinions
- Shenker v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Goodrich v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Chesson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1896
- Goodrich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
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