Legal Opinion

Neff v. New York Cent. & H. R. R.

New York Supreme Court

Decided July 27, 1894PublishedCited by 1 opinion

Appeal from circuit court, Orange county. Action by William H. Neff against the New York Central & Hudson River Railroad Company to recover damages for personal injuries alleged to have been caused by defendant’s negligence. The complaint was dismissed, and plaintiff appeals. Affirmed.

1Opinion of the CourtCullen, J.

This is an appeal from a judgment entered upon a nonsuit at circuit. The plaintiff was a brakeman in the employ of the Erie Railway Company. At a point some short distance west of Jersey City, in the state of New Jersey, the West Shore Railroad, which is leased and operated by the defendant, crosses the Erie Railway on a bridge which is 18 feet above the rails of the last-named road. There were no “telltales” on the bridge. The plaintiff was on the top of a refrigerator car in a train on the Erie road, and, while the train was passing under the bridge, was struck by it, and severely injured.…

2Cases cited3 opinions

  1. Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
  2. Ryan v. Long Island RailroadNew York Supreme Court · 1889
  3. Dukes v. Eastern Distilling Co.New York Supreme Court · 1889

3Cited by1 opinion

  1. People v. BinkAppellate Division of the Supreme Court of the State of New York · 1912

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