Utess v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 10, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant, his employer.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 10, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant, his employer. The complaint alleged that while standing by the side of a track in defendant’s railroad yard flagging a passing train plaintiff was struck on the head by a large piece of coal, which fell from the locomotive tender, thereby receiving the…
1Opinion of the CourtMiller, J.
This action was brought in 1907 by employee against employer to recover for personal injuries sustained in 1906. It illustrates how a litigation may be protracted by the attempt of a plaintiff to obtain a recovery on different theories on succeeding trials. The essential facts of the case, with an exception to be noted later, were stated on a former appeal to this court. (See 204 N. Y. 324.) The complaint charged that' the defendant was negligent in two particulars specified, namely: 1, in failing to furnish the plaintiff a safe place to work, and 2, in overloading the tender with coal. On…
2Cases cited2 opinions
- Ford v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Utess v. . Erie R.R. Co.New York Court of Appeals · 1912