Strauss v. New York, New Haven & Hartford Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by. the plaintiff, Iona Strauss, as administratrix, etc., of ■John Strauss, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the -county of Dutchess on the 25th day of April, 1903, upon the dismissal of the complaint by direction, of the court after a trial at the Dutchess County Trial Term.
1Opinion of the Court
Willard Bartlett, J. :
The plaintiff’s intestate, a brakeman in the employ of the defend,-ant, was killed while at work upon one of its trains in the State of -Connecticut. His death occurred while the person in charge of the train was endeavoring to couple two freight cars belonging to the .Baltimore and Ohio Railroad Company. The brake at which the (deceased was stationed was at the end of one of these cars, so that *584lie had to stand between the cars to operate it. Along the top of each car was a running board. These boards' projected'over the roofs of the cars, so that when they came…
2Cases cited4 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Wooden v. West. N. Y. & Penn. RailroadNew York Court of Appeals · 1891
- Gottlieb v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Ellis v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
3Cited by5 opinions
- Zeikus v. Florida East Coast Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Kelly v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Kent v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Loucks v. Standard Oil Co.New York Supreme Court · 1915
- O'Keefe v. Great Northern Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1905