Legal Opinion
Finnell v. Delaware Lackawanna & Western Railroad
New York Court of Appeals
Decided January 20, 1892Published
Appeal from judgment of the supreme court, general term, fourth department, affirming judgment in fayor of plaintiff.
1Opinion of the CourtEarl, J.
In September, 1888, the plaintiff was a brakeman in the service of the defendant, and while attempting to couple a car to the tender of an engine upon a branch track, one of his feet was caught between two ties and he was run over and very badly injured; and this action was brought to recover his damages.
While this case appeals very strongly to our sympathies, we are unable to uphold this recovery. The plaintiff was an experienced brakeman and was acquainted with the locality where the accident happened. The branch track was not constructed for the purpose of running trains of cars thereon,…
2Cases cited3 opinions
- Appel v. Buffalo,New York & Philadelphia Railway Co.New York Court of Appeals · 1888
- Plank v. N.Y. Central and Hudson River Railroad CompanyNew York Court of Appeals · 1875
- Pennsylvania Co. v. HankeyIllinois Supreme Court · 1879