Costigan v. New York & Stamford Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael Costigan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 19 th day of June, 1912, upon the verdict of a jury rendered by direction of the court, and also, as stated in the notice of appeal, an appeal from the decision of the trial court denying plaintiff’s motion to go to the jury on the question of defendant’s negligence and on the whole case.
1Opinion of the Court
Stapleton, J.:
The plaintiff sustained severe and lasting personal injury on the 13th day of April, 19.08. ■ He attributes his injury exclusively to the negligence of the defendant. He asserts the defendant was his master. The physical cause of his injury was an electric shock of sufficient violence to throw him a distance of six or seven feet. The shock was caused by a defective electric light switch attached to a pole on the side of a railroad track. It was the duty of the plaintiff, as a car conductor, to use that switch to indicate, by an electric device, to his fellow-servants in charge…
2Cases cited9 opinions
- Hawley v. . Northern Central Railway Co.New York Court of Appeals · 1880
- Chesapeake & Ohio Railway Co. v. HowardSupreme Court of the United States · 1900
- Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Gordon v. . AshleyNew York Court of Appeals · 1908
- Coney Island & Brooklyn Railroad v. Brooklyn Cable Co.New York Supreme Court · 1889
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3Cited by1 opinion
- Porter v. Terminal Railroad Ass'n of St. LouisAppellate Court of Illinois · 1946