Sutherland v. Troy & Boston Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 11, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for the killing-of plaintiff’s intestate, Mark Sutherland, through the alleged negligence of -defendant’s employes.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 11, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for the killing-of plaintiff’s intestate, Mark Sutherland, through the alleged negligence of -defendant’s employes. It appeared that said intestate had been a locomotive-engineer in defendant’s employ for three years; that on August. 1, 1883, he left Troy in charge of a locomotive drawing freight train Mo. 1, thirty minutes late. He had in…
1Opinion of the Court
The following are extracts from the opinion:
“ The contributory negligence of Sutherland is the difficult point in the case. If this question was not in the case, we think the judgment would have to be reversed for error in submitting to the jury the question of the competency of Johnson. The only suggestion of his incompetency made by the plaintiff is founded upon the fact that he was but a little over seventeen years ,of age. It was shown that he had had more than a year’s experience as telegraph operator; that for *739more than three months prior to the accident, he had been the operator of the…
2Cited by3 opinions
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- Hankins v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1894
- Burke v. Syracuse, Binghamton & New York RailroadNew York Supreme Court · 1893