Legal Opinion

Potter v. New York Central & Hudson River Railroad

New York Court of Appeals

Decided November 29, 1892PublishedCited by 3 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 5, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action to recover damages for alleged negligence causing the death of John Potter, plaintiff’s intestate, while in the employ of defendant. The facts, so far as material, áre stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 5, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action to recover damages for alleged negligence causing the death of John Potter, plaintiff’s intestate, while in the employ of defendant. The facts, so far as material, áre stated in the opinion. The motion for a nonsuit upon the whole action should have been' granted, and the court erred in submitting the case to the jury. (Arnold v. D.& H. C. Co., 125 N. Y. 15 ; McCoker…

1Opinion of the CourtAndrews, J.

The plaintiff’s intestate at the time of the accident which caused his death, was engaged in his duty of inspecting cars upon a track of the defendant- in the city of Hew York, used in part for the storing of cars awaiting inspection. While he was engaged in this business other employees of the defendant, under the direction of a yardmaster, were engaged in drawing out cars from another track, two or three at a time, and shunting them on to the track on which the cars stood which were being inspected by the intestate. The inspection was made by two inspectors, one passing on each side of the…

2Cases cited2 opinions

  1. Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
  2. Rose v. . Boston Albany R.R. Co.New York Court of Appeals · 1874

3Cited by3 opinions

  1. Central Railroad Company v. KeeganSupreme Court of the United States · 1895
  2. Central R. Co. v. KeeganSupreme Court of the United States · 1895
  3. Hill v. Boston & Maine RailroadSupreme Court of New Hampshire · 1904

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