Larson v. . Nassau Electric R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 11, 1915, affirming a judgment in favor of plaintiff entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant, his employer. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 11, 1915, affirming a judgment in favor of plaintiff entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant, his employer. The facts, so far as material, are stated in the opinion. Under section 64 of the Eailroad Law proof of the leak in the brake was sufficient prima facie to establish defendant’s negligence without evidence…
1Opinion of the CourtCardozo, J.
The plaintiff was a motorman in the defendant’s service. There is evidence that there was a defect in the air brake of his car. He found that the automatic pump began to work after two applications of the brake. Normally it did not begin to work till there had been from six to ten applications. This difference meant that there was a leakage of air. The pump starts automatically when the pressure in the air chamber falls below forty pounds, and stops when the pressure rises to sixty. Its power is supplied by the electric current from the overhead wire. When the trolley pole is removed from the…
2Cases cited9 opinions
- Davidson v. . CornellNew York Court of Appeals · 1892
- Munsey v. WebbSupreme Court of the United States · 1913
- Perry v. . Rochester Lime Co.New York Court of Appeals · 1916
- Condran v. . Park TilfordNew York Court of Appeals · 1915
- Maloney v. . Cunard Steamship Co.New York Court of Appeals · 1916
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3Cited by17 opinions
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Zurich General Accident & Liability Insurance v. Childs Co.New York Court of Appeals · 1930
- McEvoy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1943
- Cole v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1965
12 more not listed; retrieve them via the Exa API.