McCoy v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment, entered February 23,1905, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing a dismissal of the complaint upon the nonsuit directed by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered February 23,1905, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing a dismissal of the complaint upon the nonsuit directed by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s evidence was sufficient to submit the question of the defendant’s negligence to the jury. (Devoe v. N. Y. C. & H. R. R. R.…
1Opinion of the CourtEdward T. Bartlett, J.
The Appellate Division having denied the plaintiff’s application for leave to appeal, permission was granted by a judge of this court. The plaintiff seeks to recover damages for personal injuries received in the yard of the defendant company at East Eoehester, on a branch track, which was used for hoeing the ashes out of engines before taking them into the roundhouse for certain purposes. The time of the accident was between sundown and dark on the 10th of July, 1900. The plaintiff entered the employ of the defendant on the 23rd of January, 1900.
It was the custom of the defendant when its…
2Cases cited11 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Slater v. . JewettNew York Court of Appeals · 1881
- Abel v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1886
- Vedder v. . FellowsNew York Court of Appeals · 1859
- Ford v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
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3Cited by3 opinions
- Colasurdo v. Central R. R. of New JerseyU.S. Circuit Court for the District of Southern New York · 1910
- Van Alstine v. Standard Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Payne v. Oakland Traction Co.California Court of Appeal · 1910