Goodrich v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of defendant, entered upon an order made November 22,1886, which denied a motion for a new trial and directed judgment on an order nonsuiting plaintiff on trial. This action was brought to recover damages for injuries received by the plaintiff, a brakeman in the employ of the defendant, alleged to have been caused by defendant’s negligence while engaged in coupling cars.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of defendant, entered upon an order made November 22,1886, which denied a motion for a new trial and directed judgment on an order nonsuiting plaintiff on trial. This action was brought to recover damages for injuries received by the plaintiff, a brakeman in the employ of the defendant, alleged to have been caused by defendant’s negligence while engaged in coupling cars. It appeared from the testimony that on the morning of the 17th of October, 1882, the plaintiff and other employes of the…
1Opinion of the CourtBrown, J.
It was decided in Gottlieb v. New York, Lake Erie & Western Railroad Company (100 N. Y. 462), that a railroad company is bound to inspect the cars of *402another company used upon its road, just as it would inspect its own cars. That it owes this duty as master, and is responsible for the consequences of such defects as would be disclosed or discovered by ordinary inspection. That when cars come to it from another road which have defects, visible or discernible by ordinary examination, it must either remedy such defects or refuse to take them. This duty of examining foreign cars must obviously be…
2Cases cited3 opinions
- Fuller v. . JewettNew York Court of Appeals · 1880
- Ellis v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Gottlier v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1885
3Cited by11 opinions
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Cook v. Lewis K. Liggett Co.Supreme Court of Florida · 1937
- Ellsbury v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
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