Lindstrom v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Central Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ontario on the 17th day of May, 1918, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hubbs, J.:
For three weeks before the accident in question the plaintiff had been employed in cleaning fires on locomotives, cleaning out the ashpans and coaling the locomotives, at the conclusion of their day’s run, in preparation for the next day’s run. He also had been engaged in cleaning out the ashdump. After a locomotive has been used all day there is an accumulation of clinkers and dirt from the coal, and that has to be removed, *430the ashpan cleaned, and a fresh fire put in for the next day so that the locomotive will steam properly. That work has to be done every day.
On the night of the…
2Cases cited16 opinions
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916
- New York Central & Hudson River Railroad v. CarrSupreme Court of the United States · 1915
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3Cited by3 opinions
- Chicago, R. I. & G. Ry. Co. v. BernnardCourt of Appeals of Texas · 1925
- Bezue v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1931
- Listorti v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1928