Smith v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 30th day of March, 1908, upon the verdict of a jury for $1,700, and also from an order entered in said clerk’s office on the 6th day of April, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff in this action was employed as a cable splicer for the telephone department of the defendant, and it appears to have been his duty, with a helper named O’Carr, to remove the covers of manholes and to perform work in the conduits, and then to replace such covers. They had been working under the direction of one Brannigan, who will be assumed for the purposes of this appeal to have occupied the position of a superintendent within the provisions of the Employers’ Liability Act, along thp Atlantic division of the defendant’s railroad, and had been supplied with…
2Cases cited2 opinions
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- McGrath v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
- McNeil v. CobbAppellate Division of the Supreme Court of the State of New York · 1919
- Lesin v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1911
- Fahey v. New Amsterdam Gas Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Rosenberg v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1917
- Schafer v. RickardNew York City Court · 1928