Abel v. President, Managers & Co. of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon an order made December 2, 1885, which overruled exceptions and' directed judgment on an order dismissing plaintiff’s complaint on trial.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon an order made December 2, 1885, which overruled exceptions and' directed judgment on an order dismissing plaintiff’s complaint on trial. This was an action to recover damages for alleged negligence, causing the death of Perry Abel, plaintiff’s testator The facts, so far as material, are stated in the opinion. ■ The evidence created questions of fact for the jury. (Heidenger v. Heine, 18 N. Y. Week. Dig. 404 ; 31 Hun, 316; Weber v. N. Y. Cent. R. R., 58 N. Y.…
1Per curiam
The plaintiff’s testator was a car repairer in the employ of the defendant, and while -under one of its cars standing upon a side track engaged in making repairs, its employes, using an engine, carelessly backed a car against it, and thus he came to his death.
The principal claim on the part of the plaintiff is that the evidence tended to show that the defendant had not made and promulgated proper rules for the government of its employes, and hence that its negligence in that respect should have been submitted to the jury.
The law imposes upon a railroad company the duty to its employes of…
2Cases cited1 opinion
- Slater v. . JewettNew York Court of Appeals · 1881
3Cited by55 opinions
- Taylor v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1889
- Pennsylvania Co. v. WhitcombIndiana Supreme Court · 1887
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. LangIndiana Supreme Court · 1889
- Evansville & Terre Haute Railroad v. HolcombIndiana Court of Appeals · 1894
- Missouri, K. & T. Ry. Co. v. CollierCourt of Appeals for the Eighth Circuit · 1907
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