O'Malley v. New York, L. E. & W. Railroad
New York Supreme Court
Appeal from circuit court, Orange county. Action by Thomas O’Malley against the New York, Lake Erie & Western Railroad Company to recover for personal injuries received through defendant’s alleged negligence. From a judgment in favor of plaintiff, and an order denying a new trial, defendant appeals.
1Opinion of the CourtDykman, J.
This is an appeal by the defendant from a judgment and order denying a motion for a new trial on the minutes of the court. The plaintiff' was a brakeman in the employ of the defendant, and on the morning of the accident went with a local freight train, upon which he was at work, from Newburgh to Turner’s. He remained there with his train about one hour. While there, a freight car was attached to *49the train, to he taken back to Central Valley. It was coupled to the engine, and after that the train stood still, with the plaintiff standing by it for 10 or 15 minutes, waiting for another train.…
Also in this document: Concurrence.
2Cases cited1 opinion
- Lacroy v. . New York, Lake Erie and Western Railroad Co.New York Court of Appeals · 1892
3Cited by6 opinions
- Scott v. Eastern Railway Co. of MinnesotaSupreme Court of Minnesota · 1903
- Eaton v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- Myers v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Yongue v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Eaton v. New York Central & Hudson River RailroadNew York Court of Appeals · 1900
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