Legal Opinion

Dailey v. New York, N. H. & H. R. R. Co.

U.S. Circuit Court for the District of Southern New York

Decided February 19, 1909PublishedCited by 1 opinion

At Law. Motion to set aside verdict of jury and for a new trial on tlie grounds that there was no evidence of negligence sufficient to take the case to the jury; that plaintiff assumed the risks of the place, was guilty of contributory negligence, and that the accident and injury was caused by the negligence, if any negligence there was, of a fellow servant or .co-employé.

1Opinion of the Court

RAY, District Judge.

The defendant is a Connecticut railroad corporation, owning and operating a line or lines of railroad in said state, and at Last Hartford, Conn., has what is known in railroading as a “roundhouse,” a building constructed on a circle, or the part of a circle, with an open space, or area, in the center of the circular space, having a turntable thereon used for turning engines so they may be forced or run in any desired direction. The roundhouse itself has what are called “stalls,” that is, spaces for the placing therein or “stabling” of engines, one stall for each engine,…

2Cases cited36 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Hough v. Railway Co.Supreme Court of the United States · 1880
  3. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  4. Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
  5. Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893

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3Cited by1 opinion

  1. Hogan v. New York Central & Hudson River RailroadNew York Supreme Court · 1912

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