Hopkins v. Empire Engineering Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by'the plaintiff, Margaret Hopkins, as administratrix, etc., from a judgment of the Supreme Court, in favor of the defendant, entered in the office of the clerk of the county of Fulton, on the 22d day of May, 1911, upon the dismissal of the complaint by direction of the court after a trial at the Fulton Trial Term, and also (as stated in-the notice of appeal) from the decision of the court upon which the judgment was entered.
1Opinion of the Court
Lyon, J.:
This action was brought to recover damages on account of the death of plaintiff’s intestate, who was the head brakeman upon a freight train, caused by his head coming in contact with a plank which a teamster, engaged in unloading a car standing upon a siding, had placed across the top of a gondola car, allowing the ends of the plank to project so far over the edge of the gondola as to strike the plaintiff’s intestate, who stood at the end of a freight car which was being moved along the main track.
A motion having been made at the close of the trial for a. nonsuit, the court, pending…
2Cases cited9 opinions
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Murray v. . DwightNew York Court of Appeals · 1900
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
- Baldwin v. . AbrahamNew York Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cannon v. . FargoNew York Court of Appeals · 1918
- Margulis v. National Enameling & Stamping Co.Supreme Court of Missouri · 1930
- Haykl v. DreesAppellate Division of the Supreme Court of the State of New York · 1936
- Great Atlantic & Pacific Tea Co. v. DonaldsonAlabama Court of Appeals · 1934
- In re RheinwaldAppellate Division of the Supreme Court of the State of New York · 1915
1 more not listed; retrieve them via the Exa API.