Byrnes v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made February 13, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought by plaintiff, as the administratrix; of Sylvester Byrnes, for the recovery of damages resulting from his death.
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Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made February 13, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought by plaintiff, as the administratrix; of Sylvester Byrnes, for the recovery of damages resulting from his death. Byrnes was a brakeman in the service of the-defendant, and was engaged on a freight train which ran between Port Jervis and Deposit. On the 25th day of February, 1884, his train was going east…
1Opinion of the CourtPeckham, J.
We may assume that it was not only the duty of the defendant to furnish a proper car with safe appliances, in good repair, but that the defendant as master owed .the further duty to the servant to provide a proper system and competent men for the inspection of cars after they were loaded and before they were to be used. The evidence in this case shows that the defendant had complied with this duty. It shows that it was the duty of the station-master at the station where the car was loaded, to either inspect the car himself or to have some of his men inspect it after it was loaded and before…
2Cited by4 opinions
- Franck v. American Tartar Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Koehler v. New York Steam Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Ford v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1889
- Thompson v. Bradford Motor Freight LineLouisiana Court of Appeal · 1933