Legal Opinion

Kasosak v. Central Railroad of New Jersey

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 1906PublishedCited by 1 opinion

Appeal by the defendant, the Central Railroad Company of Hew Jersey,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 21st day of December, 1905, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 11th day of December, 1905, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hooker, J.:

The plaintiff, a common laborer, was, at the time of the accident, a member of the yard gang employed in the railroad yards of the defendant at Penobscot. This yard contains six tracks other than the two used by the regular trains, and the former were used for making up coal trains. This was done by sending single cars loaded with coal through the yards under the impulse of a “ kick ” from the locomotive. Each car so shunted upon the siding was in charge of a brakeman. The plaintiff had been at work as a member of this yard gang for at least some months, and at about eight o’clock…

2Cases cited1 opinion

  1. Corcoran v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by1 opinion

  1. Kascsak v. Central Railroad Co. of New JerseyAppellate Division of the Supreme Court of the State of New York · 1909

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