Dowd v. New York, Ontario & Western Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hay 8, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages sustained by the plaintiff through the death of her intestate caused, as alleged, by the negligence of the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hay 8, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages sustained by the plaintiff through the death of her intestate caused, as alleged, by the negligence of the defendant. The answer, after a specific denial of all the allegations of negligence on the part of the defendant, alleged that the death of the decedent was caused by his own negligence and that of his…
1Opinion of the CourtVann, J.
The practice of kicking cars from one track to another, upon which men are at work and so situated that they cannot see the approaching danger, was recently condemned by us as dangerous and reckless. (Doing v. N. Y., Ont. & W. R. Co., 151 N. Y. 579, 583.) We held that when such a practice is known to the company, it is bound in the proper discharge of its duties toward its employees to guard against it by proper rules and regulations so far as reasonable and practicable. Judge O’Bkien, writing for the court upon this branch of the case said: “We will assume then, what cannot be questioned,…
2Cases cited18 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Knisley v. . PrattNew York Court of Appeals · 1896
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3Cited by85 opinions
- Mesick v. StateAppellate Division of the Supreme Court of the State of New York · 1986
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- Johnston v. . FargoNew York Court of Appeals · 1906
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
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