Wallace v. Central Vermont Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made March 15, 1892, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtEarl, J.
The plaintiff, in June, 1889, was a brakeman for the defendant, and while in the discharge of his duty on the top of a moving train, he was hit by a low bridge and severely injured, and he brought this action to recover his damages against the defendant. The defendant denied the allegations of negligence against it, and alleged contributory negligence on the part of the plaintiff, and upon the trial he was non-suited. The propriety of that non-suit is the matter for our determination.
At the time of the accident there were fifty-four cars in the train, and there were two brakemen assigned to…
2Cases cited3 opinions
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- McGrath v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
3Cited by4 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Louisville & Nashville R. R. v. VestalCourt of Appeals of Kentucky · 1899
- Harrison v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- McLaine v. Head & Dowst Co.Supreme Court of New Hampshire · 1902