Ely v. New York Cent. & H. R. Railroad
New York Supreme Court
Appeal from circuit court, Madison county. Action by Andrew D. Ely against the New York Central & Hudson River Railroad Company for personal injuries. The complaint was dismissed, and plaintiff appeals. The plaintiff was an employs of the defendant, and had been in its employ four or five days previous to the accident.
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Appeal from circuit court, Madison county. Action by Andrew D. Ely against the New York Central & Hudson River Railroad Company for personal injuries. The complaint was dismissed, and plaintiff appeals. The plaintiff was an employs of the defendant, and had been in its employ four or five days previous to the accident. At the time of the accident the plaintiff was engaged with 23 other men in picking up and loading onto a fíat or platform car old rails that had been replaced by new ones. These men were divided into two gangs of 12 each, one on each side of the car. The rails were taken by…
1Opinion of the CourtMartin, J.
The only question raised by the appellant is as to the propriety of the nonsuit granted by the trial court. He has cited a great number of authorities relating to the duties and liabilities of a master to his servant, the risks assumed by the servant, and upon the questions of negligence and contributory negligence. There is no uncertainty as to the rules of law established by the cases cited, but the question is as to their applicability to the facts in this case. We have carefully read the evidence and proceedings upon the trial, and fail to find sufficient proof of the defendant’s…
2Cases cited2 opinions
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
- Doing v. New York, Ontario & Western RailroadNew York Supreme Court · 1893