Newton 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 the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 17th day of February, 1903, upon the verdict of a jury for $2,775, and also from an order entered in said clerk’s office on the 9th day of February, 1903, denying the defendant’s motion for a new trial made upon the minutes; The plaintiff, a brakeman in the employ of…
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 17th day of February, 1903, upon the verdict of a jury for $2,775, and also from an order entered in said clerk’s office on the 9th day of February, 1903, denying the defendant’s motion for a new trial made upon the minutes; The plaintiff, a brakeman in the employ of the defendant, was' injured on the 8th day of May, 1900. He was on a freight train going south on the Hudson River…
1Opinion of the Court
Chase, J.:
The duty of a railroad company to use reasonable care to protect its employees from injury while engaged upon its trains embraces the obligation to use reasonable care in furnishing suitable machinery in the first instance, and to keep it in repair so that their lives may not be exposed to unnecessary peril. The duty of proper inspection for the purpose of discovering defects which may arise from use is a part of the duty owing by the company to its servants. (Bailey v. R., W. & O. R. R. Co., 139 N. Y. 302; Bailey v. D. & H. Carnal Co., 27 App. Div. 305.)
Reasonable care involves…
2Cases cited4 opinions
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Bailey v. . R., W. O.R.R. Co.New York Court of Appeals · 1893
- Eaton v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- Bailey v. President, Managers & Co. of the Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1898