Filbert v. President, Managers and Co. of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made October 29, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages alleged to have been caused by the defendant’s negligence. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made October 29, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages alleged to have been caused by the defendant’s negligence. The material facts are stated in the opinion. Ho negligence on the part of defendant, causing or contributing to plaintiff’s injury, was proved if there was any such negligence, other than that of plaintiff, it was that of his…
1Opinion of the CourtEarl, J.
On the 15th day of January, 1887, the plaintiff was in the employment of the defendant at Weehawken in Flew Jersey, and while attempting to uncouple cars he claims that he fell into a hole between the tracks and received the injury for which he brought this action. At the place where he was injured, there was a pit between the tracks in which there was a wheel, over which a cable was used for drawing cars up an inclined plane. The pit, when in its proper and ordinary condition, was covered with planks laid crosswise between the tracks.. It is the claim of the plaintiff, and he gave some…
2Cases cited1 opinion
- Crispin v. . BabbittNew York Court of Appeals · 1880
3Cited by16 opinions
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- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
- Brunell v. Southern Pacific Co.Oregon Supreme Court · 1899
- Sofield v. Guggenheim Smelting Co.Supreme Court of New Jersey · 1900
- Tully v. New York & Texas Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1896
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