Marrinan v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank J. Marrinan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 30th day of June, 1896, upon a nonsuit granted by the court at the close of the plaintiff’s evidence after a trial at a Trial Term of the Supreme Court held in and for the county of Monroe, and also from an order entered in said clerk’s office on the 6th day of July, 1896, denying the plaintiff’s motion…
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Appeal by the plaintiff, Frank J. Marrinan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 30th day of June, 1896, upon a nonsuit granted by the court at the close of the plaintiff’s evidence after a trial at a Trial Term of the Supreme Court held in and for the county of Monroe, and also from an order entered in said clerk’s office on the 6th day of July, 1896, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Follett, J.:
This action was begun April 30, 1894, to recover damages for. a personal injury, caused, it is alleged, by the negligence of the defendant.
The plaintiff is by occupation a plumber, and, July 1, 1893, he entered the service. of the defendant and continued therein until' August 6,1893. In his testimony he describes his duties as follows : “ On the.1st day of July, 1893, I went to work, for the New York Central, at its depot in Rochester. * * * I was employed to take charge of the air brakes, and in ease anything should happen to them I was supposed to repair them, and they was going…
2Cases cited5 opinions
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Hatt v. NayMassachusetts Supreme Judicial Court · 1887
- Monahan v. City of WorcesterMassachusetts Supreme Judicial Court · 1890
- Haskin v. N. Y. Central & Hudson River RailroadNew York Supreme Court · 1873
3Cited by5 opinions
- Park v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Park v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
- Baird v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Baird v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- McCarty v. RitchAppellate Division of the Supreme Court of the State of New York · 1901