Bird v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
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
- Fredenburg v. Northern Central Railway Co.New York Court of Appeals · 1889
- Finnell v. . Delaware, Lackawanna and Western Rd. Co.New York Court of Appeals · 1892
3Cited by2 opinions
- Stearns v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Peterson v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1905