Hankins v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1893, which affirmed an order denying a motion for a new trial and affirmed a judgment in favor of defendant entered upon an order non-suiting plaintiff on trial at Circuit.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1893, which affirmed an order denying a motion for a new trial and affirmed a judgment in favor of defendant entered upon an order non-suiting plaintiff on trial at Circuit. This was an action to recover damages sustained by plaintiff while employed by defendant as a fireman on one of its freight trains in a collision between that and another train. The facts, so far as material, are stated in the opinion. To make a time table, general or special, as in…
1Opinion of the CourtPeckham, J.
The non-suit in this case was granted on the ground that, assuming the negligence of the train dispatcher, the plaintiff cannot recover because it was the negligence of a fellow-workman. Whether the train dispatcher bore that relation to the plaintiff is in truth the only question in the case.
The facts are not complicated, and those which we regard as material are as follows: The division upon which the accident happened extends from Dunkirk on the west to Hornellsville on the east. The plaintiff was a fireman on a freight train (number 340), which on the 19th of October, 1887, had started…
2Cases cited6 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Bailey v. . R., W. O.R.R. Co.New York Court of Appeals · 1893
- Dana v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1883
- Sheehan v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
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3Cited by15 opinions
- Jackson v. Norfolk & W. R.West Virginia Supreme Court · 1897
- Edge v. Southwest Missouri Electric Railway Co.Supreme Court of Missouri · 1907
- Norfolk & Western Railroad v. Houchins' Adm' rSupreme Court of Virginia · 1897
- Gann v. RailroadTennessee Supreme Court · 1898
- Galvin v. PierceSupreme Court of New Hampshire · 1903
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