Woods v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thé Long Island 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 Queens on the 28th day of April, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Queens, and also from an order, bearing date the llth day of April, 1896, and entered in said clerk’s office, denying the defendant’s motion for a…
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Appeal by the defendant, Thé Long Island 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 Queens on the 28th day of April, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Queens, and also from an order, bearing date the llth day of April, 1896, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
The plaintiff was in the employ of the defendant as an express-man. On January 11, 1894, he was in charge of and engaged in a combination express and baggage car on a train which ran from Long Island City to Babylon. On reaching Babylon the train was turned so that the cars should be in their proper order for running from Babylon back to Long Island City. For this purpose cars were successively switched on a siding, the cars being “ kicked,” as it is called, by the engine. At the time of the accident the plaintiff’s car was at rest on the siding. Two other cars were then “ kicked ”…
2Cases cited4 opinions
- Bushby v. New York, Lake Erie & Western R. R. Co.New York Court of Appeals · 1887
- Byrnes v. . N.Y., L.E. W.R R. Co.New York Court of Appeals · 1889
- Bailey v. Rome, Watertown & Ogdensburg RailroadNew York Court of Appeals · 1893
- Ford v. . the Lake Shore and Michigan Southern Ry. Co.New York Court of Appeals · 1889
3Cited by7 opinions
- Stager v. Troy Laundry Co.Oregon Supreme Court · 1901
- Singer v. SwartzNew Mexico Supreme Court · 1916
- Hanrahan v. Brooklyn Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- McKnight v. Brooklyn Heights RailroadNew York Supreme Court · 1898
- Fischer v. W. C. Ritchie & Co.Appellate Division of the Supreme Court of the State of New York · 1916
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