Legal Opinion
Braun v. New York Central & Hudson River Railroad
New York Supreme Court
Decided March 31, 1909Published
Action by Mary Braun, as administratrix, againgt the New York Central & Hudson River Railroad Company. Miotion by plaintiff upon the minutes of the court to set aside a nonsuit and for a new trial, on exceptions and grounds permitted by Code Civ. Proc. § 999.
1Opinion of the CourtFoote, J.
The complaint alleged that the plaintiff’s intestate, who was a brakeman working in the defendant’s freight yard at East Rochester, was killed on January 6, 1904, by being jerked or precipitated, from the car to the track and run over, while he and the crew cf which he was a member were engaged in making up a train of empty-freight cars. The negligence alleged is a defective coupling appliance and the failure to make and enforce a rule requiring:
“That in the work of uncoupling cars from a train or engine for the purpose of shifting or shunting them to a certain place, no signal to stop or…
2Cases cited4 opinions
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
- Pearsall v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1907
- Freemont v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Wolfinger v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907