Dougherty v. Rome, W. & O. R.
New York Supreme Court
Appeal from circuit court, Oswego county. Action by James Dougherty against the Borne, Watertown & Ogdensburg Bailroad Company. From a judgment entered on a verdict in favor of plaintiff for $4,750, and from an order denying a motion on the minutes for a new trial, defendant appeals. The action is brought to recover damages for personal injuries sustained by tile plaintiff by reason, as he claims, of the negligence of'the defendant.
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Appeal from circuit court, Oswego county. Action by James Dougherty against the Borne, Watertown & Ogdensburg Bailroad Company. From a judgment entered on a verdict in favor of plaintiff for $4,750, and from an order denying a motion on the minutes for a new trial, defendant appeals. The action is brought to recover damages for personal injuries sustained by tile plaintiff by reason, as he claims, of the negligence of'the defendant. On the 16th of February, 1888, the plaintiff was in the employ of defendant as section foreman upon a portion of defendant’s track a few miles westerly of the…
1Opinion of the CourtMerwin, J.
There was evidence in this case from which the jury had a right to find that the injury happened by reason of the defective character of the false stake, so called, and the imperfect manner in which it was attached to the drop stake. Had they a right to say, as they did, in effect, by their verdict, that these defects in regard to the false stake were chargeable to the defendant? Was the false stake a part of the equipment of the car .which the defendant was obliged to furnish under its liability to furnish a reasonably safe equipment for the use of its employes? The counsel for the defendant *843…
2Cases cited2 opinions
- Fuller v. . JewettNew York Court of Appeals · 1880
- Ford v. . the Lake Shore and Michigan Southern Ry. Co.New York Court of Appeals · 1889
3Cited by5 opinions
- Dewey v. Detroit, Grand Haven & Milawaukee Railway Co.Michigan Supreme Court · 1893
- Peterson v. EighmieNew York Supreme Court · 1916
- Peterson v. EighmieNew York Supreme Court · 1916
- Rowe v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894
- Ryan v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895