Legal Opinion

Tomko v. Central Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 2 opinions

Motion by the plaintiff, John Tomko, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint directed by the court after a trial at the Queens County Circuit before the court and a jury on the 12th day of June, 1895.

1Opinion of the Court

Hatch, J.:

The substantial claim made by plaintiff in his opening to the jury is that the defendant was guilty of negligence in running trains and engines over its tracks at the place where the injury occurred, in a reverse way from that in which trains were ordinarily run thereon at other places upon its line, without promulgating a rale relating thereto or otherwise bringing home notice to plaintiff of the existence of such a custom. In the view we take of this case it is not necessary to determine what defendant’s obligations were in this respect. Plaintiff was a track laborer; had been…

2Cases cited1 opinion

  1. Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889

3Cited by2 opinions

  1. Rich v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1906
  2. Keeler v. New York CentralAppellate Division of the Supreme Court of the State of New York · 1906

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