Lewis v. New York, Ontario & Western Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 8, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 8, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was bound to carry on its business under a proper system and to make, observe and enforce reasonable rules and regulations in the loading and sending out of its cars and to properly inspect them before they were sent out, and if through a failure to do so…
1Opinion of the CourtCardozo, J.
The plaintiff was employed in a hay and coal yard in Fulton, New York. A carload of hay carried over the defendant’s railroad was switched on a side track to he unloaded by the consignee. The plaintiff and another man undertook the work of unloading it. While the plaintiff was forcing open the door of the car with a crowbar some bales of hay which had been piled end upon end, close to the door, struck him and caused the injuries for which he sues. There is evidence that the customary method of loading a car is to lay the bales flat in the space near the door. Piled endwise they are less…
2Cases cited10 opinions
- Ford v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- L. L.F. Ins. Co. v. . R., W. O.R.R. Co.New York Court of Appeals · 1894
- Schumacher v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1904
- Nelson v. . the H.R.R.R. Co.New York Court of Appeals · 1872
- Anchor Mill Co. v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wintersteen v. National Cooperage & Woodenware Co.Illinois Supreme Court · 1935
- Stone v. Bigley Bros.New York Court of Appeals · 1955
- Sprague v. Louis Picciano, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Reed v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1951
- Butler v. Norfolk Southern Railway CompanyDistrict Court, E.D. North Carolina · 1956
18 more not listed; retrieve them via the Exa API.