Hart v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 15, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The engineer’s failure to turn on the injector was not an act intended to be covered by the provisions of section 43 of the.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 15, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The engineer’s failure to turn on the injector was not an act intended to be covered by the provisions of section 43 of the. Railroad Law; to that act the engineer was not a vice-principal. (Gallagher v. Newman, 190 N. Y. 440; Hallock v. N. Y., O. & W. Ry. Co., 19 N. Y. 450; Watting Turnpike v.…
1Opinion of the CourtGray, J.
The action was brought to recover damages for the death of the plaintiff’s intestate, which is alleged to have been caused by negligence chargeable to the defendant. The particular negligence charged consisted in the act of the engineer, at the time in charge of an engine upon which the deceased was working as fireman, in allowing the water to become so low in the boiler as to cause an explosion. It was alleged that the engineer was the vice-principal of the defendant; having the physical control and direction of the movement of the engine. The omission of the engineer was admitted upon the…
2Cases cited2 opinions
- Lupher v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
- Utess v. . Erie R.R. Co.New York Court of Appeals · 1912
3Cited by3 opinions
- Laughter v. PowellSupreme Court of North Carolina · 1941
- Laughter v. . PowellSupreme Court of North Carolina · 1941
- Larson v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1915