Lang v. New York Central Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 8, 1919, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant, his employer. The facts, so,far rs material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 8, 1919, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant, his employer. The facts, so,far rs material, are stated in the opinion. The court erred in refusing to grant defendant’s motion for a nonsuit and for a direction of a verdict. (St. Louie & S. F. R. R. Co. v. Conarty, 238 U. S. 243.) No error was committed by the court in…
1Opinion of the CourtAndrews, J.
Where disregard of the Safety Appliance Act causes loss to one of the class for whose special benefit it was enacted his right to recover damages is implied. (Texas & Pacific Railway Company v. Rigsby, 241 U. S. 33.) Not so, as to others.
In St. Louis & San Francisco Railroad Company v. Conarty (238 U. S. 243) a switch engine collided with a freight car having no coupler or drawbar. The switch engine was not to handle this car but was on its way to a point some distance beyond it. Conarty, standing on the footboard of the engine, was killed by the collision. There was evidence that had the…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- Minneapolis & St. Louis Railroad v. GotschallSupreme Court of the United States · 1917
- Louisville & Nashville Railroad v. LaytonSupreme Court of the United States · 1917
- St. Louis & San Francisco Railroad v. ConartySupreme Court of the United States · 1915
3Cited by17 opinions
- Morse v. Buffalo Tank Corp.New York Court of Appeals · 1939
- Dicaprio v. . N.Y.C.R.R. Co.New York Court of Appeals · 1921
- Goldstein v. ManganoCivil Court of the City of New York · 1978
- Stern v. Great Island Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- DiCaprio v. New York Central RailroadNew York Court of Appeals · 1921
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