Burke v. Syracuse, Binghamton & New York Railroad
New York Supreme Court
Appeal from, circuit court, Onondaga county. Action by Mary Ann Burke, as administratrix, against the Syracuse, Binghamton & Mew York Railroad Company. From a judgment entered on a nonsuit, plaintiff appeals.
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Appeal from, circuit court, Onondaga county. Action by Mary Ann Burke, as administratrix, against the Syracuse, Binghamton & Mew York Railroad Company. From a judgment entered on a nonsuit, plaintiff appeals. The action was brought to recover damages for an alleged negligent killing of plaintiffs intestate, who was an engineer in defendant’s employ, on the 3d day of November, 1890. Rock Out is a station some three miles south of ■Syracuse, on defendant’s single-track road running from Syracuse to Binghamton. It is a telegraph station, and there is a siding there, so arranged that trains may…
1Opinion of the CourtHardin, P. J.
Upon the occasion of the injuries no duty rested' upon Clark to open the switch. His act in raising the ball and breaking the main track was voluntary, thoughtless, and mistaken. Nothing appears in the case showing that he had not physical power to perform all the acts and duties required of him at the station, or that he was not mentally fit for the position assigned to him by the defendant. Judged by the rule laid down in Coppins v. Railroad Co., 122 N. Y. 557, 25 N. E. Rep. 915, the evidence fails to show a want of competency on the part of Clark to perform the duties, required at the…
2Cases cited4 opinions
- Coppins v. New York Central & Hudson River RailroadNew York Court of Appeals · 1890
- Mann v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Sutherland v. Troy & Boston RailroadNew York Court of Appeals · 1891
- Harvey v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
3Cited by4 opinions
- Wilkinson v. Kanawha & Hocking Coal & Coke Co.West Virginia Supreme Court · 1908
- Southern Pacific Co. v. WellingtonCourt of Appeals of Texas · 1901
- McIntosh v. JonesMontana Supreme Court · 1908
- Tierney v. Syracuse, B. & N. Y. RailroadNew York Supreme Court · 1895