Harrison v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Harrison, 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 Onondaga on, the 3d day of June, 1907, upon an order entered in said clerk’s office on the 29tli day of May, 1907, granting- the defendant’s motion for a nonsuit, the jury having theretofore rendered a verdict for $6,500 in favor of the plaintiff, and also from the said order directing the…
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Appeal by the plaintiff, Margaret Harrison, 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 Onondaga on, the 3d day of June, 1907, upon an order entered in said clerk’s office on the 29tli day of May, 1907, granting- the defendant’s motion for a nonsuit, the jury having theretofore rendered a verdict for $6,500 in favor of the plaintiff, and also from the said order directing the entry of the judgment appealed from. The action is negligence and. the plaintiff’s intestate, in the employ of the…
1Opinion of the Court
Spring, J.:
The claim of the plaintiff is that Kirby, the intestate, was hit by a low, steel girder bridge a short distance west of Knowlesville, a station on defendant’s road, and the negligence charged is the omission to keep the telltales in condition to warn the intestate of the proximity of the bridge.
Kirby had been in the employ of the defendant as a brakeman about four months at the time of the accident, and had been under this bridge fifteen times before he was killed. The freight train on which he was employed left Suspension Bridge about eleven o’clock *806in the forenoon, reaching…
2Cases cited2 opinions
- Fitzgerald v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Wallace v. Central Vermont RailroadNew York Court of Appeals · 1893