Brown v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River 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 Onondaga on the 16th day of October, 1907, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the 14th day of October, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Robson, J.:
Plaintiff, a brakeman in the service of defendant, was at the time of his injury one of a train crew, employed in defendant’s freight yard at T)e Witt. Brownell was the conductor in charge of the crew; and they were under his orders and subject to his general control as to the business in which the crew was then employed. The jury has found that plaintiff was injured by reason of the negligence of Brownell in directing the movement of the train in the operation of which the crew was then engaged. Plaintiff based and tried his action and has recovered verdict therein upon the *241theory…
2Cases cited1 opinion
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
3Cited by1 opinion
- Hallock v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1910