Young v. Syracuse, Binghamton & New York Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, YVilliam Young and another, as- administrators of the estate of George Young, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the' county of Onondaga on the 7th day of March,. 1898, upon the dismissal of the complaint, by direction of the court, after a trial before the court and a jury at the Onondaga Trial Term.
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Appeal by the plaintiffs, YVilliam Young and another, as- administrators of the estate of George Young, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the' county of Onondaga on the 7th day of March,. 1898, upon the dismissal of the complaint, by direction of the court, after a trial before the court and a jury at the Onondaga Trial Term. On the night of December 1, 1895, the plaintiffs’ intestate, who was an engineer in the defendant’s employ, was killed at Preble Station, upon the line of the defendant’s road, while engaged in…
1Opinion of the Court
Adams, J.:
It is a fact of which courts will take notice that switches are not only necessary appurtenances to all steam railroads, but that their general use has a tendency to increase quite materially the risk which attends the operation of such roads. It was probably in recognition of this fact that the defendant made some attempt to' guard against the contingency which was liable at any time to occur •at this particular switch by attaching thereto certain signals, the import of which was doubtless well understood by all its employee's, ■and if in making this provision it exercised a…
2Cases cited7 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Ellis v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
- Benthin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by9 opinions
- Stearns Ex Rel. Stearns v. GravesIdaho Supreme Court · 1941
- Rugg v. StateAppellate Division of the Supreme Court of the State of New York · 1954
- Pinson v. YoungSupreme Court of Kansas · 1917
- Scala v. City of New YorkNew York Supreme Court · 1951
- Schneider v. MiecznikowskiAppellate Division of the Supreme Court of the State of New York · 1962
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