Long Island Railroad v. American Bridge Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, American Bridge Company of New York and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of January, 1915, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the same day denying their motion for a new trial made upon the minutes.
1Opinion of the Court
Stapleton, J.:
The plaintiff, a railroad company, sued the defendant, a contractor, and its surety, upon an indemnity agreement. The contractor agreed to make and build an elevated railroad structure. It was to erect the superstructure while the plaintiff operated its railroad on adjacent surface tracks. Sea-brook, an employee of a sub-contractor, was injured while working on the surface near the tracks. He sued the railroad company, alleging that its negligence in operating a train was the sole cause of his injury. He recovered judgment for $21,148.22, which was affirmed on appeal. The…
2Cases cited4 opinions
- Manhattan Ry. Co. v. CornellNew York Supreme Court · 1889
- Mayor, Aldermen & Commonalty of New York v. BradyNew York Court of Appeals · 1897
- Westinghouse, Church, Kerr & Co. v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1914
- Westinghouse, Church, Kerr & Co. v. Long Island RailroadNew York Court of Appeals · 1915
3Cited by17 opinions
- Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
- Ciofalo v. Vic Tanney Gyms, Inc.New York Court of Appeals · 1961
- Mostyn v. Delaware, L. & WR Co.Court of Appeals for the Second Circuit · 1947
- Pacific Indemnity Co. v. California Electric Works, Ltd.California Court of Appeal · 1938
- Ruddy v. New York Central Railroad CompanyDistrict Court, N.D. New York · 1954
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