Larson v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Larson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 12th day of June, 1914, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Jenks, P. J.:
This is an action at common law for negligence brought against a master by a servant, who invokes section 64 of the Railroad Law and section 202a of the Labor Law. * The plaintiff was dismissed at the close of his case.
The defendant’s street surface railway was worked by the trolley system. Plaintiff, a motorman, left his car at standstill and went forward for 4 or 5 feet to another car, to release *889the trolley pole of the forward car from contact with a circuit-breaker so that the motorman of that car could drive it forward. As plaintiff stood within the tracks, he was run down…
2Cases cited14 opinions
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Louisville, New Albany & Chicago Railway Co. v. BatesIndiana Supreme Court · 1896
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
- Carlson v. Phoenix Bridge Co.New York Court of Appeals · 1892
- Beetz v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by1 opinion
- Kent v. . Erie R.R. Co.New York Court of Appeals · 1916