D'Arcy v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph M. D’Arcy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 16th day of April, 1898, upon the dismissal of his complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Woodward, J.:
■ This was an action for personal injuries sustained by the plaintiff while employed in assisting to unload a car of- the defendant railroad company. He was regularly employed as a helper on one of the defendant’s express wagons, hut on the day of the accident he had completed his day’s work and was, according to his testimony-, waiting for orders, when he was called upon to assist in unloading a car which was standing at the station' platform. Two other men were at the time engaged in the work of removing the freight, using ordinary hand trucks, and passing over an iron plate or…
2Cases cited2 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
3Cited by1 opinion
- Bateman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901