Bell v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the. office of the clerk of the county of Schenectady on the 12th day of March, 1908, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 3d day of March, 1908, denying the defendant’s motion for a new trial madé upon the minutes.
1Opinion of the Court
Cochrane, J.:
The action is for negligence resulting in the death of plaintiff’s intestate. He was a trackwalker employed by defendant. It was his duty to walk over and inspect the tracks of the defendant on a section of its railroad extending through the city of Schenectady and to make such slight repairs as he found necessary. While he was in a stooping posture engaged in the performance of such duties an engine of the defendant approached him from the rear and ran over him. No warning or signal of any kind was given of the approach of the engine. It was running backward pushing a high…
2Cases cited1 opinion
- Van Alstine v. Standard Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Judd v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Bell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1909