Breed v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Lehigh Valley Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 24th day of April, 1908, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 23d day of April, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed, with costs.
The action was brought to recover damages for personal injuries alleged to have resulted from defendant’s negligence. The action was tried as one at common law, but the plaintiff claimed the benefit of the Barnes Act, so called, section 42a of the Railroad Law (Laws of 1890, chap. 565, added by Laws of 1906, chap. 657).
*493The negligence claimed was that of the engineer of the train in starting his engine too quickly, when the signal to him was to start slowly. The plaintiff was a brakeman, was standing on the top of a freight…
2Cited by5 opinions
- Lehigh Valley R. v. NormileCourt of Appeals for the Second Circuit · 1918
- Connell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Bragg v. Central New England Railway Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Curran v. Lake Champlain & Moriah RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Reynolds v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1911