Cone v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment 'of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of the plaintiff entered upon a verdict and affirming an order denying a motion . for a new trial. (Reported below, 15 Hun, 172.) This action was brought to recover damages for injuries alleged to have been occasioned by defendant’s negligence. The plaintiff was in the employment of the defendant as a car repairer.
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Appeal from judgment 'of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of the plaintiff entered upon a verdict and affirming an order denying a motion . for a new trial. (Reported below, 15 Hun, 172.) This action was brought to recover damages for injuries alleged to have been occasioned by defendant’s negligence. The plaintiff was in the employment of the defendant as a car repairer. While engaged in examining a car, with a view to repairing it, which was standing on a side track of the defendant’s at Richfield Springs, another car,…
1Opinion of the CourtDanforth, J.
As between the plaintiff and the defendant, it was the duty of the latter to furnish its employees for use in the prosecution of its business, good and suitable machinery, and keep it in repair. ( Wright v. N. Y. C. R. R. Co., 25 N. Y. 562; Laning v. N. Y. C. R. R. Co., 49 id. 521; Flike v. B. & A. R. R. Co., 53 id. 549; Corcoran v. Holbrook, 59 id. 519.) It was also its duty to furnish for the management of such machinery, careful and trustworthy servants; and if these conditions were fulfilled, the plaintiff, although injured by the negligence of his fellow-servant, could maintain no action…
2Cases cited2 opinions
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Coon v. . the Syracuse and Utica Railroad Co.New York Court of Appeals · 1851
3Cited by59 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Norfolk & Western R. v. AmpeySupreme Court of Virginia · 1896
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Union Pac. Ry. Co. v. CallaghanCourt of Appeals for the Eighth Circuit · 1893
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