Healy v. Buffalo, Rochester & Pittsburgh Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Buffalo,, Rochester and Pittsburgh Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the' clerk of the counity of Cattaraugus on the 13th day of May,. 1905,- upon the verdict of" a jury for and .also from- an order entered in said clerk’s office on the 16th day of May, 1905j denying the defendant’s motion for a new trial made upon the minutes. ' The action was commenced on the 17th day of…
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Appeal by the defendant, the Buffalo,, Rochester and Pittsburgh Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the' clerk of the counity of Cattaraugus on the 13th day of May,. 1905,- upon the verdict of" a jury for and .also from- an order entered in said clerk’s office on the 16th day of May, 1905j denying the defendant’s motion for a new trial made upon the minutes. ' The action was commenced on the 17th day of January, 1905, to recover damage's for injuries sustained by the plaintiff, alleged to have been caused solely through the…
1Opinion of the Court
McLennan, P. J.:
About eight o’clock p. m. on the 18th day of September, 1904, while the plaintiff was employed as fireman on one of defendant’s switch engines being operated in its yard at East, Salamanca, H. Y., the water glass attached' to such engine exploded in such manner that a piece of the broken glass was forced through the water-gauge guard, struck the plaintiff in the eye and caused the loss of its sight. To recover the damages resulting from such injury this action is brought.
At the time of the accident the plaintiff was twenty years of age, had been in defendant’s employ…
2Cases cited4 opinions
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Frace v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
- Manning v. Genesee River & Lake Ontario Streamboat Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Leary v. Lehigh Valley RailroadNew York Supreme Court · 1894
3Cited by5 opinions
- Kimmerle v. Dubuque Altar Manufacturing Co.Supreme Court of Iowa · 1912
- Cleary v. R. E. Dietz Co.New York Court of Appeals · 1917
- Knickerbocker v. General Railway Signal Co.Appellate Division of the Supreme Court of the State of New York · 1909
- McKeon v. Proctor & Gamble Manufacturing Co.New York Supreme Court · 1912
- Kent v. Town of PattersonNew York Supreme Court · 1913