Utess v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie 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 Monroe on the 2d day of July, 1908, upon the verdict of a jury for $8,500, and also from an order entered in said clerk’s office on the 25th day of September, 1908, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Erie 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 Monroe on the 2d day of July, 1908, upon the verdict of a jury for $8,500, and also from an order entered in said clerk’s office on the 25th day of September, 1908, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 5th day of July, 1907, to recover damages for injuries sustained by the plaintiff alleged to have been caused solely through the negligence of the defendant.
1Opinion of the Court
McLennan, P. J.:
The material facts are not in disputo, The accident which is the subject of this action occurred on the 3d day of November, 1906, at about eight-forty A. m., in the yard or terminal of the *448defendant, situate in the city of Rochester, H. Y., extending north and south, parallel with and adjacent to the Genesee river. The plaintiff, who at the time was thirty-three years of age, had been in defendant’s employ for about twenty-one years. He began as water boy and successively was employed as trackman, construction foreman, sectionman, yard foreman, brakem'an and switchman. During…
2Cases cited1 opinion
- Crown v. . OrrNew York Court of Appeals · 1893
3Cited by3 opinions
- Bodette v. Foster-Armstrong Co.New York Supreme Court · 1909
- Utess v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Utess v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1910