Kudik v. Lehigh Valley Railroad
New York Supreme Court
Appeal from circuit court, Erie county. Action by Otto Kudik against the Lehigh Valley Railroad Company. From a judgment dismissing the complaint entered on a nonsuit, and from an order denying a motion for a new trial made on the minutes of the court, plaintiff appeals.
1Opinion of the CourtDwight, P. J.
The action was to recover damages for a bodily injury sustained by the plaintiff while employed by the defendant, as a laborer, in unloading cars of coal, on its coal trestle in the city of Buffalo. The injury was the crushing of the plaintiff’s leg by the wheels of a car which unexpectedly followed the movement of the car in front of it, which latter the plaintiff was assisting to set in motion by pushing behind.
The first and leading specification in the complaint—of negligence on the part of the defendant causing or contributing to the accident in question—is as follows:
“That said defendant…
2Cases cited1 opinion
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
3Cited by3 opinions
- Hunter v. Northern Iowa Brick & Tile Co.Supreme Court of Iowa · 1912
- Southern Pacific Co. v. WellingtonCourt of Appeals of Texas · 1901
- Devoe v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902