Johnson v. Terry & Tech Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Swante Albert Johnson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 24th day of October, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Richmond Trial Term. .
1Opinion of the Court
Miller, J. :
The defendant was engaged in changing the tracks "of .the Hew York Central and Hudson River Railroad Company at Fifty-sixth Street and Park avenue, Hew-York city, and the plaintiff, its servant, was at work with a number of. other me'n, under a. foreman whose principal diity appears to have been the superintendence of the portion of the work upon which the plaintiff was employed. Trains were passing over the tracks at this point at frequent inter*763vals. While engaged at his work plaintiff was struck by a passing locomotive and received the injuries for which he seeks to recover in…
2Cases cited3 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Felice v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Aleckson v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Blanchard v. . D., L. W.R.R. Co.New York Court of Appeals · 1914
- Employers' Liability Assurance Corp. v. Empire City Iron Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- Anderson v. McMullenAppellate Division of the Supreme Court of the State of New York · 1911
- Blanchard v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1914