Legal Opinion

Riola v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided September 15, 1904PublishedCited by 4 opinions

Appeal by the defendant, the New York- Central and Hudson River Railroad Company, from an order of the Supreme Court,, made at the Monroe Trial Term and entered in the office of the-clerk of the county of Monroe on the 3d day of June, 1903, denying. the defendant’s motion for a new trial made upon the minutes,.

1Opinion of the Court

Stover, J.:. The complaint in this action alleges that plaintiff, for some time-prior to the date of the accident (October 9, 1901), had been , employed by the defendant as a common laborer upon a work train operated by the defendant, and that at the time of the accident he-was employed in working upon and around defendant’s switches and! tracks in and about the railroad yards at Niagara Falls, N. Y. That by reason of the negligence of the defendant in neglecting to give signals of the approach of a train, its failure to use diligence in the-selection of servants and agents, its employment of…

2Cases cited2 opinions

  1. Perry v. . RogersNew York Court of Appeals · 1898
  2. Bradley v. . New York Central R.R. Co.New York Court of Appeals · 1875

3Cited by4 opinions

  1. Kirkover v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. Laplaca v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
  3. Wootton v. Flatbush Gas Co.Appellate Division of the Supreme Court of the State of New York · 1905
  4. Wootton v. Flatbush Gas Co.Appellate Division of the Supreme Court of the State of New York · 1905

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