Legal Opinion
Wallace v. . C.V.R.R. Co.
New York Court of Appeals
Decided May 5, 1893PublishedCited by 23 opinions
1Opinion of the Court
The plaintiff, in June, 1889, was a brakeman for the defendant, and while in the discharge of his duty on the top of a moving train, he was hit by a low bridge and severely injured, and he brought this action to recover his damages against the defendant. The defendant denied the allegations of negligence against it, and alleged contributory negligence on the part of the plaintiff, and upon the trial he was non-suited. The propriety of that non-suit is the matter for our determination.
At the time of the accident there were fifty-four cars in the train, and there were two brakemen assigned to…
2Cases cited3 opinions
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- McGrath v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
3Cited by23 opinions
- Robison v. Atl. Coast Line R. Co.Supreme Court of South Carolina · 1936
- Askey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1917
- Benthin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Baltimore & Ohio Railroad v. KeiserIndiana Court of Appeals · 1911
- Brown v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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