Van Tassel v. New York, Lake Erie & Western Railroad
New York Court of Common Pleas
Appeal from special term. Action by John Van Tassel against the ÍTew York, Lake Erie & Western Bailroad Company for injuries alleged to have been sustained by the plaintiff, a brakeman in defendant’s employ, by reason of the defective condition of a brake step, the use of which he claimed was essential to the operation of the brake attached to defendant’s car.
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Appeal from special term. Action by John Van Tassel against the ÍTew York, Lake Erie & Western Bailroad Company for injuries alleged to have been sustained by the plaintiff, a brakeman in defendant’s employ, by reason of the defective condition of a brake step, the use of which he claimed was essential to the operation of the brake attached to defendant’s car. Defendant appeals from a judgment for the plaintiff entered upon the verdict of a jury, and from an order denying defendant’s motion for a new trial. Affirmed.
1Opinion of the CourtBischoff, J.
That plaintiff sustained injuries of the character claimed by him, and that in consequence of such injuries his health and physical condition were greatly and permanently impaired, are facts, which, upon the testimony of the physicians who were examined as witnesses on the trial, were left in no manner of doubt. The facts, also, relating to the accident, assuming it to have occurred as testified to by plaintiff, fully justified a finding of defendant’s negligence by the jury. It appeared from plaintiff’s testimony that he was a brakeman in the employ of defendant, and attached as such to a…
2Cases cited29 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Burke v. . WitherbeeNew York Court of Appeals · 1885
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3Cited by6 opinions
- Brown v. Guaranty Estates Corp.Supreme Court of North Carolina · 1954
- Millie v. Manhattan Railway Co.New York Court of Common Pleas · 1895
- Van Tassel v. New York, Lake Erie & Western RailroadNew York Court of Common Pleas · 1892
- Mayor v. RollerNew York Court of Common Pleas · 1895
- Raftery v. Central Park, N. & E. R. R.New York Court of Common Pleas · 1895
1 more not listed; retrieve them via the Exa API.