De Graff v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict, and granting a new trial. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff through defendant’s negligence. Plaintiff, a young man, seventeen years of ago, was in the employ of defendant, in 1870, as a brakeman.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict, and granting a new trial. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff through defendant’s negligence. Plaintiff, a young man, seventeen years of ago, was in the employ of defendant, in 1870, as a brakeman. On April 20, 1870, he was acting as brakeman upon a freight train, consisting of thirty cars, running from West Albany to Syracuse. Before reaching the water station at…
1Opinion of the Court
Church, Ch. J.
The propositions of law upon which a verdict might be predicated for the plaintiff, were I think correctly and accurately stated by the learned judge at the trial. These were first that there must have been a defect in the brake chain, which broke, by reason of which the plaintiff was thrown from the car and injured, and second if that was found, that the defendant must have been guilty of negligence in respect to it which might be established, by showing either that the defendant knew of such defect, or as some of the authorities express it, ought to have known it, or as more…
2Cases cited1 opinion
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
3Cited by9 opinions
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Louisville, New Albany & Chicago Railway Co. v. BatesIndiana Supreme Court · 1896
- Painton v. . Northern Cent. Railway Co.New York Court of Appeals · 1880
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- Wilks v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
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