Coppins v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreine Court in the fourth judicial department, entered upon an order made April 17, 1888, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. The action was brought to recover damages for injuries ■alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreine Court in the fourth judicial department, entered upon an order made April 17, 1888, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. The action was brought to recover damages for injuries ■alleged to have been caused by defendant’s negligence. The plaintiff was a brakeman in the service of the defendant, and on the 10th day of May, 1880, was employed upon an •express passenger train which was scheduled to pass the station .at St.…
1Opinion of the CourtBrown, J.
If the evidence in this case justifies the conclusion that the engineer of the passenger train was negligent in not observing the target at the misplaced switch, or in running his train at a high rate of speed past the station in the *562-absence of signals that the track was safe, that fact of itself is -not available as a defense, if negligence was established on the •part of the defendant, as the law is too well settled upon prin■ciple.and authority to be now questioned; that negligence of •ra servant does not excuse the master from liability to a • co-servant for an injury which would not…
2Cases cited1 opinion
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
3Cited by28 opinions
- Pennsylvania Co. v. McCaffreyIndiana Supreme Court · 1894
- Louisville, New Albany & Chicago Railway Co. v. HeckIndiana Supreme Court · 1898
- Sipes v. Puget Sound Electric RailwayWashington Supreme Court · 1909
- Chicago, St. P. & K. C. Ry. Co. v. ChambersCourt of Appeals for the Eighth Circuit · 1895
- Cubbage v. Estate of Conrad Youngerman, Inc.Supreme Court of Iowa · 1912
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