Ryan v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of New York on the 7th day of July, 1903, upon the verdict of a jury for $3,500, and-also from an order entered in said clerk’s office on the 1st day of July, 1903, denying the defendant’s motion for a new trial made upon the minutes, and granting the plaintiff’s motion for an extra allowance.
1Opinion of the Court
Hatch, J.:
This action is brought to recover damages for injuries claimed to have been received through the negligence of the defendant. The plaintiff was in the employ of the defendant as a helper to one Short, a foreman of the defendant employed as an oiler. It was the duty of these men to oil the wheels which carried the cable,, the motive power of the car, beneath the surface of the street, and' also to repair the same and to put in new wheels when required. In the performance of his duties the plaintiff was subject to the directions of Short, the foreman. In order to do the work it was…
2Cases cited8 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Crown v. . OrrNew York Court of Appeals · 1893
- Perry v. . RogersNew York Court of Appeals · 1898
- Hankins v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1894
- Ulrich v. New York Cent. & H. R. R.Appellate Division of the Supreme Court of the State of New York · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Curran v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Palmieri v. S. Pearson & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1908
- McLaughlin v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Peterson v. J. B. & J. M. Cornell Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Wootton v. Flatbush Gas Co.Appellate Division of the Supreme Court of the State of New York · 1905
1 more not listed; retrieve them via the Exa API.