Iesief v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Onondaga County. Action by Peter Iesief against the New York Central & Hudson River Railroad Company. From a judgment on a nonsuit, plaintiff appeals. Reversed.
1Opinion of the CourtWilliams, J.
The judgment should be reversed, and a new trial granted, with costs to appellant to abide event.
The action was to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. The evidence given by the plaintiff on the trial tended to show that the plaintiff was working for the defendant in unloading cars into a coal pit, and, while so engaged, a plank fell from a scaffold above upon him and caused the injuries for which the action was brought. The scaffold had been built on the day of, and some hours before, the accident. There was no direct evidence…
2Cases cited4 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Fogarty v. BogartAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Fogarty v. YorkAppellate Division of the Supreme Court of the State of New York · 1899