McQuigan v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 10, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s motion for a nonsuit and for the direction of a verdict should have, been granted.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 10, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s motion for a nonsuit and for the direction of a verdict should have, been granted. (Probst v. Delamater, 100 N. Y. 266; Burke v. Wetherbee, 98 id. 562; King v. N. Y. C. & H. R. R. R. Co., 66 id. 181; Stringham v. Hilton, 111…
1Opinion of the CourtParker, J.
This action was brought to recover for injuries .sustained by the plaintiff while in defendant’s service. The plaintiff alleged, as the basis of defendant’s liability, its omission to perform a duty owing to him. yovember 1, 1883, he was, and for some months prior thereto had been, employed as head brakeman on defendant’s freight trains running between *621Buffalo and Elmira. His place, when not applying brakes on forward cars, was upon the locomotive, and when directed to do so it was his duty to pass off the locomotive over the tender and on to the cars and apply or loosen the brakes. When…
2Cases cited1 opinion
- Powers v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
3Cited by2 opinions
- Walsh v. Commercial Steam Laundry Co.The Superior Court of the City of New York and Buffalo · 1895
- Boylan v. BrownNew York Supreme Court · 1892