Millen 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 River Railroad Company, from a judgment of thp Supreme Court in favor of the plaintiff for $2,600, entered in the office of the-clerk of the county of Onondaga on the 20th day of October, 1896,.' upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of October, 1896, denying the defendant’s motion for a new trial made upon the minutes. ■The action" was brought to recover for…
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of thp Supreme Court in favor of the plaintiff for $2,600, entered in the office of the-clerk of the county of Onondaga on the 20th day of October, 1896,.' upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of October, 1896, denying the defendant’s motion for a new trial made upon the minutes. ■The action" was brought to recover for personal injuries sustained by the plaintiff while in the employ of the defendant as a brakeman at the Oneida depot.
1Opinion of the Court
Hardin, P. J.:
On the 31st of December, 1891, the plaintiff had been in the employ of the defendant, as brakeman, for fifteen days, and bn the evening of that day he was the rear brakeman, or flagman, upon a local pick-up train, making its way from East Syracuse to Utica as a pick-up train, and from Utica to "Albany as a through train. When the train reached Oneida' there was occasion to leave some cars, and the usual process of kicking the cars on to a siding was-gone through with by the trainmen, and then it was their business to pick up some stationary cars and put them into the train in…
2Cases cited3 opinions
- Smith v. . MatthewsNew York Court of Appeals · 1897
- Plank v. N.Y. Central and Hudson River Railroad CompanyNew York Court of Appeals · 1875
- Fredenburg v. Northern Central Railway Co.New York Court of Appeals · 1889
3Cited by1 opinion
- West v. Southern Pac. Co.Court of Appeals for the Eighth Circuit · 1898