Harrison v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from ail order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 7, 1908, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a motion for a nonsuit and directed judgment for the plaintiff on the verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from ail order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 7, 1908, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a motion for a nonsuit and directed judgment for the plaintiff on the verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s intestate was not shown to be free from contributory negligence. (Albring v. N. Y. C. & H. R. R. R. Co., 46 App. Div. 460; 174 N. Y. 180; Wallace v. C. V. R. R. Co., 138 N. Y. 302;…
1Opinion of the Court
Cullen, Ch. J.
The action is brought by the administratrix of a servant against master for negligence causing death. It was claimed that the deceased, a freight brakeman on the defendant’s road, was struck by a bridge which passed over the road, hurled from the train and killed. Evidence was given to the effect that at the time of the accident the telltales required by the statute to give warning of approach to the bridge were defective, and no question is made on this appeal that the defendant’s negligence was not a question of fact for the jury. The accident happened in the afternoon of a…
2Cases cited3 opinions
- Schafer v. Mayor of New YorkNew York Court of Appeals · 1897
- Brady v. Manhattan Railway Co.New York Court of Appeals · 1891
- Wieland v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1901
3Cited by1 opinion
- Robinson v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1975