Sammon v. . New York Harlem R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, in fayor of defendant, entered upon an order overruling plaintiff’s exceptions to order dismissing complaint, on trial, and directing judgment of dismissal. This action was brought to recover damages for the alleged negligent killing of Thomas Sammon, plaintiff’s intestate.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of New York, in fayor of defendant, entered upon an order overruling plaintiff’s exceptions to order dismissing complaint, on trial, and directing judgment of dismissal. This action was brought to recover damages for the alleged negligent killing of Thomas Sammon, plaintiff’s intestate. The evidence showed that the deceased was employed to attend a chain across Fifty second street, in the city of New York, on the west side of defendant’s tracks. The chain was permanently fastened on one side of the street, and it was…
1Opinion of the Court
Church, Ch. J.
It was proved, by the depot master, that the deceased was employed to attend the chain across Fifty-second street; on the west side of the track; that he had no business to go on the track, nor was it his duty to do so. There was some evidence, however, given and offered tending to show that deceased was furnished with a white and red flag, the former indicating safety, and the latter, danger; and that these chain-tenders sometimes signaled trains, and if there was danger it was their duty to do so. Two cars were detached at Fiftieth street in consequence of an insecure switch,…
2Cited by8 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Elmer v. LockeMassachusetts Supreme Judicial Court · 1883
- Osborne v. Knox & Lincoln RailroadSupreme Judicial Court of Maine · 1877
- Keeler v. New York CentralAppellate Division of the Supreme Court of the State of New York · 1906
3 more not listed; retrieve them via the Exa API.