Legal Opinion

Racine v. New York Central & Hudson River Railroad

New York Supreme Court

Decided July 8, 1893PublishedCited by 6 opinions

Appeal from circuit court, St. Lawrence county. Action by Carrie A. Eacine, as • administratrix of Samuel L. Eacine, deceased, against the New York Central & Hudson River Railroad Company. From a judgment entered on an order dismissing the complaint, with costs, plaintiff appeals.

1Opinion of the CourtMayham, P. J.

The plaintiff’s intestate was killed while in the employ of the defendant, by the explosion of a boiler on one of the defendant’s locomotive engines; and the only question raised on this appeal is whether the trial judge should have submitted to the jury as to whether or not the defendant was negligent in furnishing .an unsafe place for the plaintiff’s intestate to perform his work. The injury occurred by an explosion of the crown sheet of the boiler, and there was some evidence that about one week before the explosion, which caused the injury, the water in the boiler had been lowered so that…

2Cases cited2 opinions

  1. Hawley v. . Northern Central Railway Co.New York Court of Appeals · 1880
  2. Mehan v. Syracuse, Binghamton and N.Y. Railroad Corp.New York Court of Appeals · 1878

3Cited by6 opinions

  1. Bishop v. BrownColorado Court of Appeals · 1900
  2. Omaha Packing Co. v. MurrayAppellate Court of Illinois · 1904
  3. Mickee v. Walter A. Wood Mowing & Reaping Machine Co.New York Supreme Court · 1893
  4. Beunk v. Valley City Desk Co.Michigan Supreme Court · 1903
  5. Bishop v. BrownColorado Court of Appeals · 1900

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