Edgar v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of November, 1910, upon the verdict of a jury for $6,500, and also from an order entered in said clerk’s office on the 3d day of December, 1910, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:. The plaintiff ought not to succeed in this action. His complaint alleges that he was in the employ of the Brooklyn Heights Railroad Company on or about May 30, 1907, and for some time prior thereto, as depot master in the car barn of the defendant. (The second defendant appears to have had no relation to the accident, and will not. be considered in this discussion.) The actionable negligence is alleged as follows: “ That at the time and place aforesaid, while the plaintiff was in the proper discharge of his duties as an employee of the defendant, The Brooklyn Heights Railroad…
2Cases cited1 opinion
- Wagner v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- La Marca v. Atlantic Stevedoring Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Bicklemeyer v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1915