Bailey v. President, Managers & Co. of the Delaware & Hudson Canal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The President, Managers and Company of the Delaware and Hudson Canal Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Essex on the 19th day of February, 1891", upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 19th day of March, 1891, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Parker, P. J.:
The plaintiff’s intestate was employed as a brakeman on the defendant’s road, and was killed while coupling a box car to a gondola, so called, at Ticonderoga Junction.
Timbers about twelve by fourteen inches square and about forty feet long were loaded upon the gondola, and extended over upon another one coupled to it. The ends of these timbers extended past the end of the gondola car some twelve to eighteen inches, and beyond its bumper, so that when such car was pushed up against the box car only about six inches of space was left between the end of the timber and the end of…
2Cases cited3 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Ford v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Redington v. New York, O. & W. Ry. Co.New York Supreme Court · 1895
3Cited by3 opinions
- Tyndall v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Hale v. Wayside Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Newton v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904