Colaizzi v. Pennsylvania Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Pennsylvania Railroad Company, from an order of the Supreme Court, made at the Erie Trial Term and entered in the office of the clerk of the county of Erie on the 17th day of August, 1910, setting aside the verdict of a jury in favor of the defendant and directing a new trial.
1Opinion of the Court
Spring, J.:
The action is in negligence. The plaintiff was employed as one of a section gang by the defendant, and while engaged in his duties south of the village of East Aurora the handcar on which he was working was run into by a backing freight train. He and his fellow-workmen saw the train slowly approaching and the foreman, apprehending a collision, told the men to jump from the car platform, which was only two feet above the ground. All did as directed, and the plaintiff fell under the handcar and was run over by it and also by the caboose of the backing train, and his right leg was…
2Cases cited13 opinions
- Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Johnston v. . FargoNew York Court of Appeals · 1906
- Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
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3Cited by3 opinions
- Buffalo Steel Co. v. Ætna Life InsuranceNew York Supreme Court · 1912
- Weber v. BeckerNew York Supreme Court · 1912
- Freedlander v. WilsonAppellate Division of the Supreme Court of the State of New York · 1919