Simpson v. Central Vermont Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patterson Simpson, from a judgment of tbe Supreme Court in favor of tlie defendant entered in the office of the clerk of the county of St. Lawrence on the 25th day of May, 1895, upon a nonsuit granted by the court after a trial before the court and a jury at the St. Lawrence Circuit at the close of the plaintiff’s evidence.
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Appeal by the plaintiff, Patterson Simpson, from a judgment of tbe Supreme Court in favor of tlie defendant entered in the office of the clerk of the county of St. Lawrence on the 25th day of May, 1895, upon a nonsuit granted by the court after a trial before the court and a jury at the St. Lawrence Circuit at the close of the plaintiff’s evidence. The action is to recover on account of injuries which the plaintiff, a fireman upon a locomotive engine of the defendant, received in jumping from the engine as it was about to collide with another engine. The engine (No. 89) upon which the…
1Opinion of the Court
Landon, J.:
The plaintiff insists that he had the right to go to the jury upon the question whether the defendant was negligent in sending out engine No. 76 improperly equipped as to its headlight. The defect was that the wick was too short. A supply of new wicks was kept by the defendant at Malone, from which station engine No. 76 was dispatched westward to Ogdensburg, stopping at Norwood. A new wick to replace an old one is a supply and not a repair, and by the defendant's rules the engineer of engine No. 76 should have seen that the supplies which the defendant had provided and placed…
2Cases cited1 opinion
- Cregan v. . MarstonNew York Court of Appeals · 1891
3Cited by3 opinions
- Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
- Great Northern Ry. Co. v. HookerCourt of Appeals for the Eighth Circuit · 1909
- Niles v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897