Russell v. . Lehigh Valley 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 March 24, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The alleged negligence of the defendant in failing to supply explosives was not the proximate cause of the accident.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial' department, entered March 24, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The alleged negligence of the defendant in failing to supply explosives was not the proximate cause of the accident. (Hofnagle v. N. Y. C. & H. R. R. R. Co., 55 N. Y. 608 ; Loughlin v. State, 105 N. Y. 159 ; Miller v. Thomas, 15 App. Div. 105 ; Perry v. Rogers, 157 N.…
1Opinion of the Court
Gray.
Jh The injuries, because of which the plaintiff has brought this action, were sustained while in the defendant’s employment and under the following circumstances. The defendant was operating a steam shovel- for the removal of gravel and earth from a bank on one side of its main track. The car containing the shovel and its machinery was upon a temporary track, laid between the bank and the railway, and the work was in charge of a foreman; who, so far as it appears, was competent. The plaintiff came upon the work, while it was in progress and four days before meeting with his accident. His…
2Cases cited2 opinions
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Simone v. . KirkNew York Court of Appeals · 1902
3Cited by7 opinions
- Bedford Quarries Co. v. BoughIndiana Supreme Court · 1907
- Awtry v. United StatesDistrict Court, S.D. New York · 1961
- Conroy's Admx. v. NelsonSupreme Court of Vermont · 1912
- La Marca v. Atlantic Stevedoring Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Covit v. Tucker Electrical Construction Co.Appellate Terms of the Supreme Court of New York · 1910
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