Fiero v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Westchester county. Action by John Fiero against the Yew York Central & Hudson River Railroad Company for injuries received by plaintiff while in defendant’s employ as a conductor. From a judgment for plaintiff, and an order denying defendant’s motion on the minutes for a new trial, defendant appeals.
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Appeal from circuit court, Westchester county. Action by John Fiero against the Yew York Central & Hudson River Railroad Company for injuries received by plaintiff while in defendant’s employ as a conductor. From a judgment for plaintiff, and an order denying defendant’s motion on the minutes for a new trial, defendant appeals. Plaintiff had been an employe of defendant for 18 years, and had been a conductor on its through trains which ran along the central portion of the Fourth avenue tunnel in New York city, and on these trains he had not been obliged to take up or punch tickets while in…
1Opinion of the CourtPratt, J.
The charge of the court correctly stated the respective duties due to each other from the plaintiff and defendant. Probably the court might have properly refused the various requests to charge thereafter made by defendant, on the ground that the charge already made sufficiently set forth their respective duties. But the court did not take that course, but received the requests, and restated the law in defendant’s favor, so far as could be done consistently with the law. The objection to the charge most strenuously urged was to the request to charge that, if plaintiff knew there were but three…
2Cited by4 opinions
- Newton v. Central Vermont R.New York Supreme Court · 1894
- Gross v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1965
- Zellman v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
- Chicago City Railway Co. v. EnrothAppellate Court of Illinois · 1904