Bushby v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the fifth judicial department, made the first Tuesday of June, 1885, granting a motion for a new trial. (Reported, below, 37 Hun, 104.) This action was brought to recover damages for injuries-alleged to have been caused by defendant’s negligence. The facts are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme-Court in the fifth judicial department, made the first Tuesday of June, 1885, granting a motion for a new trial. (Reported, below, 37 Hun, 104.) This action was brought to recover damages for injuries-alleged to have been caused by defendant’s negligence. The facts are sufficiently stated in the opinion. Assuming that the stake in question was a machine or apparatus within the meaning of the said rule, if there was any negligence either of the shipper of the lumber, or on the part of the co-employes of the plaintiff, this action cannot be…
1Opinion of the CourtDanforth, J.
The defendant, with knowledge that it was to be used for the carriage of lumber over its tracks and by its servants, delivered at its station in Webster, to one Lewis, •a platform car. To the sills of this car on each side six permanent loops or iron pockets were securely bolted. These were purposed and intended for the reception of stakes or ¡standards in order that so equipped, the car would be adapted for carrying a loose load such as lumber or the like. The .stakes were not furnished with the car. Lewis had never before loaded a’ car. On this occasion he put a stake in each ■of four…
2Cases cited2 opinions
- Abel v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1886
- Durkin v. . SharpNew York Court of Appeals · 1882
3Cited by6 opinions
- Ballard v. Hitchcock Manufacturing Co.New York Supreme Court · 1893
- McIntyre v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- St. Pierre v. FosterSupreme Court of New Hampshire · 1906
- Ludlow v. Groton Bridge & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Ludlow v. Groton Bridge & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
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