Bennett v. . Long Island R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 18, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed at the close of the plaintiff’s case, as no negligence had been proved against defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 18, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed at the close of the plaintiff’s case, as no negligence had been proved against defendant. (De Vau v. P. & N. Y. C. & R. R. Co., 130 N. Y. 632; Kern v. DeC. & D. S. R. Co., 125 N. Y. 50; Harley v. B. C. M. Co., 142 N. Y. 31;…
1Opinion of the Court
Parker, Ch. J.
The defendant, while building an extension to its railroad of about ten miles in length, put in for temporary use a switch without either lock or target, and by means of that switch, while open, a caboose propelled by an engine was run at considerable speed into a flat car loaded with rails standing on the side track. The plaintiff, an employee of the defendant, was, with a number of other employees, in the caboose en route to the point where they were to begin the labors of the day, and discovering that a collision was imminent, he jumped, receiving injuries to the right arm,…
2Cases cited5 opinions
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Kern v. DeCastro & Donner Sugar Refining Co.New York Court of Appeals · 1890
- Brick v. Rochester, New York & Pennsylvania RailroadNew York Court of Appeals · 1885
- Devau v. . the Pennsylvania and New York Canal Rd. Co.New York Court of Appeals · 1891
3Cited by18 opinions
- Trimarco v. KleinNew York Court of Appeals · 1982
- Shannahan v. . Empire Engineering Corp.New York Court of Appeals · 1912
- Garthe v. RuppertNew York Court of Appeals · 1934
- Cadillac Motor Car Co. v. JohnsonCourt of Appeals for the Second Circuit · 1915
- Standard Oil Co. v. R. L. Pitcher Co.Court of Appeals for the First Circuit · 1923
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