Eaton v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 15, 189'T, reversing a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 15, 189'T, reversing a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court properly submitted to the jury whether defendant was guilty of negligence in failing to perform its duty to use reasonable care in the inspection of the brake, the defect in which caused the injuries to the plaintiff. (Laning v. N.…
1Opinion of the CourtCullen, J.
This action was brought, servant against master, to recover damages for personal injuries. The plaintiff was an experienced, brakeman in the defendant’s employ, and at the time of the accident was in service on a freight train. While applying the brake, the attachment of the brake chain to the foot of the brake staff gave way, and the plaintiff was precipitated from the top of the car upon the track, where his legs were run over by the rear car of the train. The car on which the plaintiff attempted to set the brake was that of another company, which had been received for transportation at…
2Cases cited9 opinions
- Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895
- Fuller v. . JewettNew York Court of Appeals · 1880
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Gottlieb v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Coppins v. N. Y. C. & H. R. R. R.New York Court of Appeals · 1890
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3Cited by2 opinions
- Anderson v. Erie RailroadSupreme Court of New Jersey · 1903
- Fogarty v. Southern Pacific Co.California Supreme Court · 1907