Legal Opinion

Biondolillo v. . Erie R.R. Co.

New York Court of Appeals

Decided June 15, 1915PublishedCited by 2 opinions

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

  1. McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
  2. Smith v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
  3. Murray v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896

3Cited by2 opinions

  1. New York Cent. R. v. DunbarCourt of Appeals for the Second Circuit · 1924
  2. Blosky v. Overseas Shipping Co.Appellate Division of the Supreme Court of the State of New York · 1927

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