Williams v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 8, 1896, affirming a judgment of nonsuit entered upon an order made by the trial court at Circuit. This action was brought to recover damages for a personal injury sustained by a freight brakeman in the employment of the defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 8, 1896, affirming a judgment of nonsuit entered upon an order made by the trial court at Circuit. This action was brought to recover damages for a personal injury sustained by a freight brakeman in the employment of the defendant. The facts, so far as material, are stated in the opinion. The court erred in not submitting to the jury the question whether plaintiff knew that the bridge was low, and, therefore, assumed that hazard in continuing in defendant’s employment. (116…
1Opinion of the Court
Parker, Ch. J.
On a former appeal this court, by its Second Division, held that this plaintiff should have been nonsuited because it appeared that he knew, or at least should have known, that the bridge under which the train was passing was not high enough to permit him to pass under it while standing erect upon the top of a box car, the principle applied being that “ a servant who enters upon employment from its nature hazardous, assumes the usual risks and perils of the service, and of the open, visible structures known to him, or of which he must have known had he exercised ordinary care…
2Cases cited3 opinions
- Hunter v. N. Y., Ontario & Western R. Co.New York Court of Appeals · 1889
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- People v. . ChapleauNew York Court of Appeals · 1890
3Cited by43 opinions
- State v. KellyNew Mexico Supreme Court · 1921
- Cannon v. . FargoNew York Court of Appeals · 1918
- Claim of Schechter v. State Insurance FundNew York Court of Appeals · 1959
- Emmerich v. ThorleyAppellate Division of the Supreme Court of the State of New York · 1898
- Claim of Carpenter v. Sibley, Lindsay & Curr Co.New York Court of Appeals · 1951
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