Vosburgh v. Lake Shore & Michigan Southern Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made April 8, 1882, which denied a motion for a new trial and directed judgment on a verdict. This action was brought to recover damages for injuries sustained by plaintiff while in defendant’s employ as a brakeman, in consequence of the falling of a bridge, as a train, upon which plaintiff was, was passing over it.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made April 8, 1882, which denied a motion for a new trial and directed judgment on a verdict. This action was brought to recover damages for injuries sustained by plaintiff while in defendant’s employ as a brakeman, in consequence of the falling of a bridge, as a train, upon which plaintiff was, was passing over it. The material facts are stated in the opinion. Assuming that the bridge fell by reason of certain defects inherent in its original…
1Opinion of the CourtFinch, J.
The plaintiff was a bralceman in the employ of the defendant company, and was injured by the fall of the bridge at Ashtabula on the 29th of December, 1876. He has recovered a judgment for damages, which is now sought to be reversed, upon the ground that there was no sufficient proof of negligence to carry the case to the jury. The bridge was built of iron, and spanned a gulf leading inland from the lake, and growing narrower as it approached the point of crossing. It was a deck bridge, constructed upon what is known as the Howe truss plan, frequently applied in the building of wooden bridges,…
2Cases cited1 opinion
- Devlin v. . SmithNew York Court of Appeals · 1882
3Cited by8 opinions
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Tierney v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
- Chesson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1896
- Winslow v. Commercial Building Co.Supreme Court of Iowa · 1910
3 more not listed; retrieve them via the Exa API.