Doing v. New York, Ontario & Western Railway Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered December 20, 1893, which affirmed a judgment in favor of defendant dismissing the complaint, entered in pursuance of a nonsuit, granted at the close of the plaintiff’s evidence on trial at Circuit. This action was brought to recover damages for the death of plaintiff’s intestate through the alleged negligence of the defendant.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered December 20, 1893, which affirmed a judgment in favor of defendant dismissing the complaint, entered in pursuance of a nonsuit, granted at the close of the plaintiff’s evidence on trial at Circuit. This action was brought to recover damages for the death of plaintiff’s intestate through the alleged negligence of the defendant. The facts, so far as material, are stated in the opinion. The railway company owed a duty to its employees to make, promulgate and enforce proper and reasonably…
1Opinion of the CourtO’Brien, J.
The plaintiff’s intestate was killed on the 3d day of March, 1890, while at work in the defendant’s repair shop, and it is claimed that his death was the result of negligence on the part of the defendant.
At the trial, when the plaintiff’s proofs were closed, the court, on motion of defendant’s counsel, granted a nonsuit and the complaint was dismissed, to which ruling the plaintiff excepted.
The judgment cannot be sustained if in any fair view of the case there was any evidence for the consideration of the jury on the question of defendant’s negligence.
The proofs established, or tended to…
2Cases cited1 opinion
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
3Cited by28 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- O'Brien v. . Buffalo Furnace Co.New York Court of Appeals · 1905
- Bordeaux v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- Devoe v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
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