Appel v. Buffalo,New York & Philadelphia Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered on an order made April 17, 1886, which denied a motion for a new trial and ordered judgment for plaintiff on verdict.. This action was brought to recover damages for alleged injuries causing the death of Henry Appel, plaintiff’s intestate. Appel was a switchman in defendant’s employ and was engaged in coupling and uncoupling cars in its yards in Buffalo.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered on an order made April 17, 1886, which denied a motion for a new trial and ordered judgment for plaintiff on verdict.. This action was brought to recover damages for alleged injuries causing the death of Henry Appel, plaintiff’s intestate. Appel was a switchman in defendant’s employ and was engaged in coupling and uncoupling cars in its yards in Buffalo. His business was to direct the movement of the cars of a train for distribution in the yard and to uncouple the cars. While engaged in…
1Opinion of the Court
Peckham J.
The plaintiff’s intestate had been a switchman for some years and had been for quite a length of time in the employment of the defendant in and about the yard where the accident happened, and he was, therefore, acquainted with the means employed therein by the defendant to accomplish its necessary work. Part of the means was the “frog” which was used to effect the transfer of a train from one track to another which crossed it. Its shape and purpose and the fact that it was unblocked must have been as familiar to the deceased as any other thing connected with the railroad. *
‘It is…
2Cases cited1 opinion
- De Forest v. . JewettNew York Court of Appeals · 1882
3Cited by41 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Wabash Railroad v. RayIndiana Supreme Court · 1898
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