Ford v. Lake Shore & Michigan Southern Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made December 31, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court upon special findings of fact, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for negligently •causing the death of the- plaintiff’s husband, a switchman in the employ of the defendant.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made December 31, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court upon special findings of fact, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for negligently •causing the death of the- plaintiff’s husband, a switchman in the employ of the defendant. On the night of May 29, 1887, while at his post of duty he ■was struck by heavy timbers which fell from a passing car and received…
1Opinion of the CourtBrown, J.
Upon the first appeal of this case the judgment which the plaintiff had recovered was reversed by this cornt on the ground that the cause of the accident was attributable solely to the negligence of the fellow servants of the deceased in improperly loading the lumber upon the cars.
There was then no question whether the defendant was guilty of negligence in failing to establish a proper rule or method for the loading of lumber.
The court on the first trial charged the jury that there was. no evidence that the defendant was called upon to establish any system of rules which should provide for…
2Cases cited1 opinion
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
3Cited by34 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Bain v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
- Lewis v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1914
- Phinney v. Illinois Central RailroadSupreme Court of Iowa · 1904
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