Moeller v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and Western 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 Oneida on the 9th day of May, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of May, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Follett, J.:
This action was begun February 8, 1896, to recover damages for the death of the plaintiff’s intestate, caused, it is alleged, by the negligence of the defendant. From sometime in 1892 to March 16, 1894, the intestate, who was a carpenter, was employed by the defendant in repairing cars in its yard at Utica, N. Y. On the date last mentioned, while engaged in repairing cars upon a side track, *468he was crushed between two cars and died on the same day. At Utica the defendant has a yard in which disabled cars are usually repaired, but in case slight repairs are needed upon cars they are…
2Cited by3 opinions
- Sheridan v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Moeller v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Sheridan v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1899