Legal Opinion

Shaw v. Delaware, Lackwanna & Western Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 1908PublishedCited by 4 opinions

Appeal by the defendant, The Delaware, Lackawanna and Western Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 9th day of May, 1907, upon the verdict of a jury for $5,750, and also from an order entered in said clerk’s office on the 16th day of May, 1907, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Kruse, J.:

The plaintiff, a brakeman in the defendant’s employ, had his right arm crushed while attempting to uncouple one car from another. He contends that he was hurt through the fault of the defendant,’ the precise grounds of negligence urged against the defendant being a defective automatic car coupler.

It seems that the coupler, when in good condition, was operated by means of a lever attached to the end or side of the car, thus mak*211ing it unnecessary to go between the cars. In this instance the chain which was used in lifting the pin had become disconnected, so that the pin could not be…

2Cases cited2 opinions

  1. Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
  2. McLaughlin v. Syracuse Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906

3Cited by4 opinions

  1. McKenney v. American Locomotive Co.Appellate Division of the Supreme Court of the State of New York · 1914
  2. Arkansas Valley Ry., Light & Power Co. v. EbelingSupreme Court of Colorado · 1916
  3. Scully v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1913
  4. Shaw v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1909

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API