Bateman v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the eounty of Onondaga on the 3d day of July, 1901, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 8th day of July, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the eounty of Onondaga on the 3d day of July, 1901, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 8th day of July, 1901, denying the defendant’s motion for a new trial made upon the minutes. On the 17th day of November, 1898, the plaintiff, who is a married woman and about forty-one years of age, Was engaged, in cdmparty with another woman, in cleaning the…
1Opinion of the Court
Adams, P. J.:
The plaintiff testified, and in this she was uncontradicted, that she-, had never seen this trap door and did not know of its existence until the accident occurred, so that there was little, if any, evidence tending to establish contributory negligence upon her part, and the jury were instructed that if it could be said that the accident was. attributable solely to the carelessness of the plumbers in omitting toi properly adjust the cover to the opening, the plaintiff must fail in her action, inasmuch as the negligent parties in that event occupied, the relation of co-employees…
2Cases cited5 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Hussey v. . CogerNew York Court of Appeals · 1889
- Perry v. . RogersNew York Court of Appeals · 1898
- Dumes v. SizerAppellate Division of the Supreme Court of the State of New York · 1896
- D'Arcy v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1898