Kelly v. Forty-Second Street, Manhattanville & Saint Nicholas Avenue Railroad
New York Supreme Court
Appeal from circuit court, Mew York county. Action by Thomas Kelly against the' Forty-Second Street, Manhattanville & Saint Nicholas Avenue Railroad Company. There was a verdict for plaintiff, and from the judgment entered thereon defendant-appeals.
1Opinion of the CourtDaniels, J.
The verdict was recovered for the damages the plaintiff sustained from an injury to and substantial loss of one of his eyes, by an accident which occurred while he was in the employment of the defendant. He did machinist’s work on the running gear of the company’s cars. A few days before the accident, the company purchased a force-pump to be used in applying whitewash to its premises. It had been used for that object when it became clogged or obstructed, and the plaintiff was sent for to remove a cap over the apparatus, to permit it to be again placed in working order, and as he was engaged…
2Cases cited2 opinions
- Probst v. . DelamaterNew York Court of Appeals · 1885
- Webber v. . PiperNew York Court of Appeals · 1888
3Cited by3 opinions
- M. A. Long Co. v. State Accident FundCourt of Appeals of Maryland · 1929
- State Ex Rel. Joyce v. FlaniganCourt of Appeals of Maryland · 1909
- McAleer v. Walter & BellNew York Supreme Court · 1901