Fredenburg v. Northern Central Railway Co.
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1886, which affirmed a judgment in favor of plaintiff, entered on a verdict. The nature of the action and the material facts are stated in the opinion. Plaintiff was bound to make himself acquainted with the situation and the duties of the occupation he voluntarily assumed.
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Appeal from judgment of tlie General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1886, which affirmed a judgment in favor of plaintiff, entered on a verdict. The nature of the action and the material facts are stated in the opinion. Plaintiff was bound to make himself acquainted with the situation and the duties of the occupation he voluntarily assumed. (De Forest v. Jewett, 88 N. Y. 264.) The permanent, necessary and visible construction of switches, cattle-guards and things of that nature, necessarily affecting the safety of bralcemen in…
1Opinion of the CourtBradley, J.
The action was founded upon the alleged negligence of the defendant, and brought to recover damages for personal injury suffered by the plaintiff while in the service of the defendant. The plaintiff had been in such service three days as switchman in the defendant’s yard at Elmira, ÜST. Y., and then while engaged in coupling cars Ms arm was crushed, and, as the consequence, was amputated.- The evidence warranted the' conclusion that the injury was caused'by his stepping into a cattle-guard, where he was proceeding to' couple cars. And the charge of negligence against the' defendant is made…
2Cases cited3 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- De Forest v. . JewettNew York Court of Appeals · 1882
- Plank v. N.Y. Central and Hudson River Railroad CompanyNew York Court of Appeals · 1875
3Cited by16 opinions
- Freeman v. Glens Falls Paper-Mill Co.New York Supreme Court · 1893
- Heinzman v. WhitemanIndiana Court of Appeals · 1923
- Ballard v. Hitchcock Manufacturing Co.New York Supreme Court · 1893
- Van Tassel v. New York, Lake Erie & Western RailroadNew York Court of Common Pleas · 1892
- Bird v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1896
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