McCosker v. . Long Island Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made July 1, 1880, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 21 Hun, 500.) This action was brought to recover damages for alleged negligence causing the death of John McOosker, plaintiff’s intestate.These facts were stipulated on the trial— “ First.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made July 1, 1880, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 21 Hun, 500.) This action was brought to recover damages for alleged negligence causing the death of John McOosker, plaintiff’s intestate.These facts were stipulated on the trial— “ First. That John McCosker, plaintiff’s intestate, was, at the time of his death, in the employ of the defendant as a driller in and about the defendant’s yard at Hunter’s Point. That the duties…
1Opinion of the CourtFinch, J.
The doctrine established by our decision in Crispin v. Babbitt (81 N. Y. 516) is fatal to the plaintiff's claim. The yardmaster, through whose negligence the injury occurred, must be deemed to have been a fellow-servant of the deceased, as to all acts done within the range of the common employment, except such as were done in the performance of some duty which, the master owed to his servants. The act, in the present case, was very plainly not of that character. The yardmaster was charged with the duty of making up the trains and distributing the cars in and about the yard, and the…
2Cases cited1 opinion
- Crispin v. . BabbittNew York Court of Appeals · 1880
3Cited by38 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Taylor v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1889
- Stearns & Culver Lumber Co. v. FowlerSupreme Court of Florida · 1909
- Krueger v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1887
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