Tinney v. Boston & Albany Railroad
New York Supreme Court
THIS action was brought by the plaintiff to recover damages, as administratrix of her" deceased son, David J. Tinney, .who was killed while in the service of the defendant, as fireman on a locomotive, on the 30th day of May, 1871, at Bast Albany.
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THIS action was brought by the plaintiff to recover damages, as administratrix of her" deceased son, David J. Tinney, .who was killed while in the service of the defendant, as fireman on a locomotive, on the 30th day of May, 1871, at Bast Albany. The plaintiff claimed that she was entitled to recover in consequence of the defendant’s negligence, in failing to have a sufficient number of switchmen at the place where David J. Tinney was killed, and also in employing an incompetent switchman there. The deceased was a fireman on the defendant’s locomotive “ Trojan,” which was used in hauling cars…
1Opinion of the Court
By the Court,
Balcom, J.
The head-note to Snow v. Housatonic Railroad Company, (8 Allen, 441,) is that “ a railroad company may be held liable for an injury to one of its servants, which is caused by a want of repair in the road-bed of the railroad.” But there is no holding, in this State, that a railroad company is bound to furnish a safe road-bed, or in default thereof is liable for an injury to one of its employees by reason of such default. Bacon, J., in delivering the opinion of the Court of Appeals, in Warner v. The Erie Railway Company, (39 N. Y. 468,) re*220ferred to the case of Snow v.…
2Cases cited2 opinions
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Sprong v. Boston & Albany RailroadNew York Supreme Court · 1871
3Cited by7 opinions
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Smith v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1894
- Miller v. Southern Pacific Co.Oregon Supreme Court · 1891
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