Caffi v. New York Central & Hudson River Railroad
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order entered in the Municipal Court of the city of Few York, first district, borough of The Bronx, setting aside the verdict of a jury rendered in favor of the plaintiff and ordering a new trial.
1Opinion of the CourtMacLean, J.
The duty of the plaintiff, in the employ of a construction company, required him to watch for and warn workmen" of the approach of trains while they "were at work in the yard of the defendant at Fifty-sixth street and Park avenue. At the time he was struck by an engine of the defendant he was obviously not acting in the performance of his duty, which, as appears from the evidence, might and could have been performed from a position of safety. That through negligence or negligent ignorance he stood at the time of the accident in a position of danger, without any emergency or exigency therefor,…
2Cases cited1 opinion
- Keeler v. New York CentralAppellate Division of the Supreme Court of the State of New York · 1906