Conlan v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Ulster county. Action by Thomas J. Conlan against the New York Central & Hudson River Railroad Company for personal injuries. From a judgment entered on a verdict for $623.44 damages and costs in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes of the judge, plaintiff appeals.
1Opinion of the CourtPutnam, J.
It is claimed by appellant that plaintiff, having-directed the brakeman in charge of defendant’s train to uncouple the cars, and offered to place them himself where he (plaintiff) wanted them, should be deemed a fellow servant of- the brakeman;. and as assuming the risks incident to- the business, including that of the negligence of his fellow servant or brakeman. Plaintiff, volunteering to do the work of the employe of- defendant, should not impose on it a greater liability than that for which it was liable to-its own servant, and hence it was not liable for the negligence of the brakeman,…
2Cases cited5 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Board of Education v. AremanNew York Court of Appeals · 1977
- Newson v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Young v. New York Central & Hudson River RailroadNew York Court of Common Pleas · 1885
3Cited by4 opinions
- Wells v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Hoyer v. Central R. Co. of New JerseyCourt of Appeals for the Second Circuit · 1918
- McCarty v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Grathwohl v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1906