Loesch v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sofie Loesch, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 3d day of April, 1914, upon the verdict of a jury dismissing the complaint by direction of the court at the close of the case.
1Opinion of the Court
Stapleton, J.:
The cause of the death of plaintiff’s intestate was a fall to a hardwood floor from a staging upon which he was at work. His administratrix sues to recover damages, alleging that death was caused by the actionable neglect of decedent’s master. Her complaint was dismissed. We are of the opinion that she adduced evidence which required the submission of her case to the jury. (Kraus v. Birnbaum, 200 N. Y. 130.)
The defendant was overhauling a locomotive in its shop. The locomotive was stripped. The flue was being renewed. ' *754Hothing remained except the boiler and shell. Those parts…
2Cases cited4 opinions
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Bohnhoff v. . FischerNew York Court of Appeals · 1914
- Corbett v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by4 opinions
- Hodges v. Boland's Excavating & Topsoil, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Imling v. Port AuthorityNew York Supreme Court · 2000
- Cook v. PieperNew York Supreme Court · 1962
- Rooney v. Port Authority of New York & New JerseyDistrict Court, S.D. New York · 1995