Russell v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of. Rensselaer on the 2d day of April, 1903, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 11th day of April, 1903, denying the defendant’s motion for a new trial made upon the minutes.-
1Opinion of the Court
Houghton, J.:
The plaintiff, an employee of the defendant as brakeman, while descending a ladder on the side Of a moving freight car, , was hit by the projecting roof of a toolhouse, and brings this action béeause of - injuries received thereby.
The roof was fifteen inches from the ladder of this particular car. The plaintiff had been in the employ of the defendant a month or more, but had gone over the route in the night time, during which the accident occurred. There was testimony that the plaintiff did not actually know of the close proximity of the toolhouse to the track, and that the night…
2Cases cited7 opinions
- Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
- Benthin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Brown v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Morrell v. . PeckNew York Court of Appeals · 1882
- True v. Niagara Gorge RailroadAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by1 opinion
- Fred W. Hoch Associates, Inc. v. Western Newspaper Union, Inc.New York Court of Appeals · 1955