Heck v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
, Appeal by the defendant, The New York Central and- Hudson River 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 Rensselaer on the 8th day of October, 1903, upon the verdict of a jury for $7,075,'and also from an order bearing date the 8th day of October, 1903, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the-minutes.
1Opinion of the Court
Smith, J.:
Plaintiff is an employee of the Boston and Albany Railroad Company. While lawfully in the yards of the defendant upon the morning of February 17, 1899, he was struck by the tender of a switch engine operated by the defendant’s employees.' The claim of the.plaintiff is that this engine proceeded down the track upon which he was employed without warning by whistle, bell or light, and that he himself was free from contributory negligence. The defendant contends that its employees were free from negligence *563and that the accident was caused solely by the negligence of the plaintiff. This…
2Cases cited2 opinions
- Koehne v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Leonard v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Beiner v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1920