Faulkner v. Erie Railway
New York Supreme Court
THE plaintiff recovered $5000 damages on the trial of this action at the Tioga circuit, in August, 1866. John 0. Faulkner, the intestate, was an oilman and brakeman in the employ of the defendants, and while running on the defendants’ road, was killed by the breaking down of a bridge of the defendants’ over the Conhocton river, and the consequent fall of the car on which he was riding.
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THE plaintiff recovered $5000 damages on the trial of this action at the Tioga circuit, in August, 1866. John 0. Faulkner, the intestate, was an oilman and brakeman in the employ of the defendants, and while running on the defendants’ road, was killed by the breaking down of a bridge of the defendants’ over the Conhocton river, and the consequent fall of the car on which he was riding. The action is brought by his representatives, to recover damages for his death; and it is alleged that such death was caused by the negligence of the defendants in the care and maintenance of such bridge. The…
1Opinion of the Court
By the Court, Boabdman, J.
There are certain legal propositions which the authorities cited by counsel sustain :
I. Ordinarily, the defendant is not liable for injuries to one of its employees occasioned by the negligence of another employee engaged in the same general business. Such employees on entering the service take upon themselves as an incident to the hiring, the ordinary risks arid dangers arising therein, which includes the negligence or carelessness of their fellow servants. (Farwell v. Bost. and Worc. R. R. 4 Metc. 49. Priestley v. Fowler, 3 Mees. & Wells. 1. Coon v. Syr. and Ut. R.…
2Cases cited4 opinions
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Ryan v. . FowlerNew York Court of Appeals · 1862
- Coon v. . the Syracuse and Utica Railroad Co.New York Court of Appeals · 1851
- Keegan v. . the Western R.R. Co.New York Court of Appeals · 1853
3Cited by5 opinions
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Clark's Adm'r v. R. & D. R. R.Supreme Court of Virginia · 1884
- Sheeler's Adm'r v. C. & O. R. R.Supreme Court of Virginia · 1885
- Owen v. New York Central RailroadNew York Supreme Court · 1869
- Jones v. New York Central & Hudson River RailroadNew York Supreme Court · 1880