Hintze 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 Eiver Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the, office of the clerk of the county of Orange on the 9th day of March, 1910, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new •trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J.:
The plaintiff’s judgment is for the death of her decedent, alleged to have been caused by the defendant’s negligence as master, the liability being predicated upon section 42a of the Railroad Law (Laws of 1890, chap. 565, added by Laws of 1906, chap. 657).
The deceased was a third-rail patrolman and had been in the defendant’s employ about twenty days prior to his death. The defendant had a rule or long-established custom which employees were instructed to follow, that they should work in pairs, one watching for approaching trains while the other was working. Their duties…
2Cases cited2 opinions
- Hallock v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1910
- Schradin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Hintze v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912