Legal Opinion

Conway v. New York Cent. & H. R. Railroad

New York Court of Common Pleas

Decided June 3, 1895PublishedCited by 3 opinions

Appeal from city court, general term. Action by Michael F. Conway against the New York Central & Hudson River Railroad Company for personal injuries. From a judgment of the city court (32 N. Y. Supp. 921) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals.

1Opinion of the CourtBookstaver, J.

The plaintiff was in the employ of the defendant as a freight handler. On the day of the accident, as he was going to his work after the luncheon hour, the defendant’s foreman called to him to assist some other workmen in transferring a cask of freight from the pier to a freight car which was in process of loading on a float alongside the pier. The plaintiff had not been working with this particular gang, but the foreman had entire charge of the men, with power to transfer them from one gang to another, and direct the work they should do. A plank 10 or 12 feet long and 4 or 5 feet wide…

2Cases cited13 opinions

  1. Crispin v. . BabbittNew York Court of Appeals · 1880
  2. Cullen v. . NortonNew York Court of Appeals · 1891
  3. Cregan v. . MarstonNew York Court of Appeals · 1891
  4. Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
  5. Loughlin v. . State of New YorkNew York Court of Appeals · 1887

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3Cited by3 opinions

  1. Divver v. HallAppellate Terms of the Supreme Court of New York · 1897
  2. White v. Postal Telegraph & Cable Co.Court of Appeals for the D.C. Circuit · 1905
  3. Murray v. CrimminsCity of New York Municipal Court · 1895

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