Rich v. Pennsylvania Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal.by the defendant, The Pennsylvania Railroad Company,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk off the county-of Cattaraugus on ■the 15th day of August, 1905, Upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 25 th day of August, 1905, denying the defendant’s motion for a new trial made upon the minutes. _ -
1Opinion of the Court
Nash, J.:
The plaintiff was injured on the 10th of December, 1903. He was employed by the defendant in its yards at Clean for fourteen months prior to the accident. .At the time .lie was hurt he was engaged in digging ice from between the rails' and the planks on what is known as First street crossing. The passenger station is about 400 feet east of the crossing. There are switching tracks and yards on both sides, of First street. Yard engines pass over the *819street fifty to seventy times a day in twelve hours. As stated by the plaintiff, engines were passing by all the time; “ couldn’t tell how…
2Cases cited3 opinions
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Crowe v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
- Tomko v. Central RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Dangelo v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Hall v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Hall v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Rich v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1908