Legal Opinion

Smith v. New York, Chicago & St. Louis Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 1 opinion

Appeal by the defendant, The New York, Chicago and St. Louis Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 13th day of June, 1902, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 13th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, The New York, Chicago and St. Louis Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 13th day of June, 1902, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 13th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes. The action Was commenced on the 9th day of October, 1901, to recover damages for injuries sustained by the plaintiff, alleged, to-have been caused solely through the…

1Opinion of the Court

McLennan, J. :

The plaintiff, who was twenty-four years of age, and an experienced brakeman, having been employed by the defendant in that-capacity for about three years, was injured on the 13th day of October, 1900, near Swanville, Penn., on the line of defendant’s road,, while engaged as brakeman in running a freight train consisting of an engine, about fifty-four .freight cars and a caboose, from Conneaut, in the State of Ohio, to the city of Buffalo. The first twenty cars, counting from • the engine, were equipped with the ordinary air brakes. The injury resulted from the bursting of a…

2Cases cited1 opinion

  1. Sutter v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by1 opinion

  1. Mautsewich v. United States Gypsum Co.New York Court of Appeals · 1916

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