Young v. Syracuse, Binghamton & New York Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, YVilliam Young and another, as- administrators of the estate of George Young, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the' county of Onondaga on the 7th day of March,. 1898, upon the dismissal of the complaint, by direction of the court, after a trial before the court and a jury at the Onondaga Trial Term.
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Appeal by the plaintiffs, YVilliam Young and another, as- administrators of the estate of George Young, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the' county of Onondaga on the 7th day of March,. 1898, upon the dismissal of the complaint, by direction of the court, after a trial before the court and a jury at the Onondaga Trial Term. On the night of December 1, 1895, the plaintiffs’ intestate, who was an engineer in the defendant’s employ, was killed at Preble Station, upon the line of the defendant’s road, while engaged in…
1Dissent
Smith, J. (dissenting.):
I cannot concur in this decision. In the case of Sweeney v. Berlin & Jones Envelope Co. (101 N. Y. 520) the rule as stated in the head note reads: “ A servant accepts the service subject to the risks incident to it, and where, when he enters into the employment, the machinery and implements, used in the master’s business are of a certain kind or condition and the servant knows it, he voluntarily takes the risk resulting from their use, and can make no claim upon the master to furnish other or different safeguards.” In the case of Hickey v. Taaffe (105 N. Y. 26) the…
2Cases cited11 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Davidson v. . CornellNew York Court of Appeals · 1892
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Knisley v. . PrattNew York Court of Appeals · 1896
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