Myers v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie 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 Orange on the 20th day of April, 1899, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 15th day of May, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The action is to recover damages for. injuries alleged to have been sustained by reason of the negligence of the defendant. There is no dispute in the testimony as to how the accident occurred. Briefly stated, it appears that the plaintiff, on the 1st day of August, 189Y, was employed upon a train of the- defendant, which was being-loaded with slag, at a point on the road called crusher switch, and hauling the material when loaded to its destination. Upon the switch at the time when the train was run in were three or four cars, and one, a gondola car, constituted the extreme rear…
2Cases cited1 opinion
- O'Malley v. New York, L. E. & W. RailroadNew York Supreme Court · 1893
3Cited by8 opinions
- Eaton v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- Fleddermann v. St. Louis Transit Co.Missouri Court of Appeals · 1908
- Karns v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912
- Yongue v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Eaton v. New York Central & Hudson River RailroadNew York Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.