Mele v. Delaware & Hudson Canal Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Vincenzo Mele against the Delaware & Hudson Canal Company. The complaint alleges that on or about July 21, 1888, the plaintiff, a workman in the employ of the defendant, was crossing a bridge over which defendant’s trains pass, at or near, the place known as Maryland, Otsego county, H. Y., on his way to his work, in common with other employes; that, in attempting to avoid an approaching train of defendant’s, plaintiff slipped and fell;…
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Appeal from special term. Action by Vincenzo Mele against the Delaware & Hudson Canal Company. The complaint alleges that on or about July 21, 1888, the plaintiff, a workman in the employ of the defendant, was crossing a bridge over which defendant’s trains pass, at or near, the place known as Maryland, Otsego county, H. Y., on his way to his work, in common with other employes; that, in attempting to avoid an approaching train of defendant’s, plaintiff slipped and fell; that other workmen in company with plaintiff signaled the train to stop; that the engineer in charge negligently, and…
1Opinion of the CourtMcAdam, J.
The learned judge in the court below properly held that there was no force in the objection that plaintiff has not in his complaint affirmatively alleged that no negligence on his part contributed to the disaster, and that the allegation that the negligence of the defendant caused the injury carries with it the inference that such negligence alone was the cause. Urquhart v. Ogdensburg, 23 Hun, 75; Robinson v. Railroad Co., 65 Barb. 146, affirmed, 66 N. Y. 11; Lee v. Gas-Light Co., 20 Wkly. Dig. 413; Hackford v. Railroad Co., 6 Bans. 381, affirmed, 53 N. Y. 654; Hale v. Smith, 78 N. Y. 480;…
2Cases cited7 opinions
- Malone v. . HathawayNew York Court of Appeals · 1876
- Boldt v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Hale v. . SmithNew York Court of Appeals · 1879
- Lee v. . Troy Citizens' Gas-Light Co.New York Court of Appeals · 1885
- Valtez v. Ohio & Mississippi Railway Co.Illinois Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wilson v. Hudson River Water-Power & Paper Co.New York Supreme Court · 1893
- Taylor v. George W. Bush & Sons Co.Supreme Court of Delaware · 1907