Legal Opinion

Bird v. Long Island Railroad

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1896PublishedCited by 2 opinions

Appeal from trial term, Queens county. Action by Robert Bird against the Long Island Railroad Company. From a judgment entered on a decision of the trial court dismissing the complaint on the merits, plaintiff appeals.

1Opinion of the CourtHatch, J.

The plaintiff was a brakeman upon defendant’s railroad, and while engaged in the performance of his duties his foot was caught in a portion of a planked space between the rails of the track, and before he could extricate himself he was run over by a moving car and suffered severe injuries, resulting in the amputation of the left leg and an injury to the right. At the close of the plaintiff’s proof defendant moved for a dismissal of the complaint upon these grounds: (1) That the plaintiff has failed to show any negligence on the part of the defendant; (2) that the plaintiff has failed to show…

2Cases cited2 opinions

  1. Fredenburg v. Northern Central Railway Co.New York Court of Appeals · 1889
  2. Finnell v. . Delaware, Lackawanna and Western Rd. Co.New York Court of Appeals · 1892

3Cited by2 opinions

  1. Stearns v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
  2. Peterson v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1905

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