Biondolillo 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 June 23, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in granting defendant’s motion for a nonsuit, (Onesti v. C. N. E. R. R. Co., 121 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 23, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in granting defendant’s motion for a nonsuit, (Onesti v. C. N. E. R. R. Co., 121 App. Div. 554.) Where a nonsuit is granted the plaintiff, on appeal, is entitled to every fact which the jury could have found from the evidence, and to all the favorable…
1Opinion of the Court
' Werner, J.
The plaintiff brought this action to recover damages for the loss of a leg which he suffered while he was employed as a laborer by the defendant.
The accident happened on the 8th day of August, 1911, in a gravel pit owned or controlled by the defendant, where a work train was being loaded. The work train . consisted of engine, tender and six cars, and the crew was composed of the conductor, engineer, fireman and brakeman. In the gravel pit there were • employed by the defendant five or six laborers, one of whom was the plaintiff. The work train had been backed into the gravel pit…
2Cases cited3 opinions
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Smith v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
- Murray v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
3Cited by2 opinions
- New York Cent. R. v. DunbarCourt of Appeals for the Second Circuit · 1924
- Blosky v. Overseas Shipping Co.Appellate Division of the Supreme Court of the State of New York · 1927