Ryan v. Long Island Railroad
New York Supreme Court
Appeal from circuit court, Suffolk county. Action by Thomas Ryan, as administrator of John S. Ryan, against the Long Island Railroad Company, to recover damages for the death of the decedent, caused by being knocked from the top of a freight car while passing under a low bridge.
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Appeal from circuit court, Suffolk county. Action by Thomas Ryan, as administrator of John S. Ryan, against the Long Island Railroad Company, to recover damages for the death of the decedent, caused by being knocked from the top of a freight car while passing under a low bridge. Laws 2L Y. 1884, c. 439, § 2, provides that warning signals shall be maintained at every low bridge which crosses a railroad track, if such signals are necessary for the protection of employes on top of cars. Judgment was given for plaintiff, and defendant appeals.
1Opinion of the CourtBarnard, P. J.
The deceased was a brakeman on the Long Island Railroad. There are four low bridges near Jamaica, in Queens county. Early on the morning of the 4th of April, 1887, and while it was very dark, the deceased, while engaged in his employment as brakeman on the top of his car, was killed. There are four low bridges in close proximity. The defendant had erected warning signals about 100 feet from the east side of the east bridge and about the same distance from the west side of the western bridge, and none for the two intervening bridges. The train was going east when the accident occurred. The…
2Cases cited1 opinion
- De Forest v. . JewettNew York Court of Appeals · 1882
3Cited by3 opinions
- Fitzgerald v. New York Central & Hudson River RailroadNew York Supreme Court · 1891
- Williams v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Neff v. New York Cent. & H. R. R.New York Supreme Court · 1894