Brickner v. New York Central Railroad
New York Supreme Court
This action was brought to recover damages for injuries received by the plaintiff, while in the employ of the defendant and in obeying the orders of one Westman, the defendant’s employee, and was tried at a Circuit Court in Albany county in May, 1869. The facts are stated in the opinion. At the close of the testimony the plaintiff was nonsuited, which nonsuit ivas asked by the defendant upon the following grounds: First.
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This action was brought to recover damages for injuries received by the plaintiff, while in the employ of the defendant and in obeying the orders of one Westman, the defendant’s employee, and was tried at a Circuit Court in Albany county in May, 1869. The facts are stated in the opinion. At the close of the testimony the plaintiff was nonsuited, which nonsuit ivas asked by the defendant upon the following grounds: First. That there is no evidence of any negligence, on the part of the defendant, that caused or contributed to the injury of the deceased. 1st. There is no evidence that Westman…
1Opinion of the Court
By the Court
Potter, J.
A review of this case requires the statement of the leading facts proved on the trial. The plaintiff’s intestate, Frederick Brickner, was a carpenter, in the employ of the defendant, at West Albany, at the time of the accident which resulted in his death, and which occurred in October, 1867. Brickner was at the time, and for some days previous, with three others, had been, engaged in putting sky-lights into the roof of the shop of the defendants ; and, to effect this object, had built scaffolding below the roof, under the openings for the sky-lights, at a height of some…
2Cases cited2 opinions
- Ryan v. . FowlerNew York Court of Appeals · 1862
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
3Cited by17 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Madden's Adm'r v. C. & O. Railway Co.West Virginia Supreme Court · 1886
- Beresford v. American Coal Co.Supreme Court of Iowa · 1904
- Chicago & Alton Railroad v. ScanlanIllinois Supreme Court · 1897
- Dwyer v. American Express Co.Wisconsin Supreme Court · 1882
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