Curran v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Manhattan Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 17th. day of April, 1906, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 17th day of April, 1906, denying the defendant’s motion for a new trial made upon the minutes. ' .
1Opinion of the Court
Houghton, J.:
The plaintiff was a track repairer in the employ of defendant and his duties required him to work on. its elevated structure, around and between the railway tracks upon which trains were being operated. In charge of the gang with which plaintiff was working was. a boss or foreman named McEwen, and a part of his prescribed duties was to warn the workmen, when on the track, of approaching trains. At the time of the accident the foreman was témporarily absent from the place where plaintiff was working, and no warning was given plaintiff by him and he was struck by a passing train,…
2Cases cited8 opinions
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Bellegarde v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Chisholm v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Ward v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Davis v. Broadalbin Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- E. Van Winkle Gin & MacHine Co. v. BrooksSupreme Court of Oklahoma · 1911
- Simpson v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Mahoney v. Cayuga Lake Cement Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Kirkover v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1909
2 more not listed; retrieve them via the Exa API.