Bragg v. Central New England Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Central New England Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 28th day of December, 1911, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the same day, denying the défendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.,:
Plaintiff’s decedent was sent to flag a work train. He sat down on the end of a tie, buried his face in his hands, and while apparently asleep was killed by a train he should have signaled. The plaintiff has recovered upon the theory that the engineer, entitled to be discovered and warned by the flagman, in the exercise of proper care should have himself discovered the delinquent flagman and saved him from injury. The case presents, the novel feature of the man fco be notified of danger, and so protected therefrom, held ultimately negligent for failure to discover and protect the…
2Cited by1 opinion
- Wright v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1928