Windover v. Troy City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Lewis E. Windover and another, as administrators, etc., of Lyman Windover, deceased, from a judgment of the Supreme Court in favor of the defendant,- entered in the office of the clerk of the county of Rensselaer on the -14th day-of J une, 1895, upon the dismissal of the complaint directed by the court after a trial at the Rensselaer Circuit before the court and a j™7- This action was commenced by the plaintiffs as administrators of Lyman Windover,…
Read the full summary
Appeal by the plaintiffs, Lewis E. Windover and another, as administrators, etc., of Lyman Windover, deceased, from a judgment of the Supreme Court in favor of the defendant,- entered in the office of the clerk of the county of Rensselaer on the -14th day-of J une, 1895, upon the dismissal of the complaint directed by the court after a trial at the Rensselaer Circuit before the court and a j™7- This action was commenced by the plaintiffs as administrators of Lyman Windover, deceased, to recover damages for the alleged negligence of the defendant by which it was claimed the death of the said…
1Opinion of the Court
Putnam, J.:
The evidence produced by the plaintiffs to show that the brake on car. Ho. 2.7, on which the decedent was the motorman at the time of" *205the accident, was defective, was scarcely sufficient to sustain their contention. They were only able to show that, about a month before the injury to Wind over, the brake worked hard; were it otherwise, however, it appeared that the deceased had been in the employ of the defendant as a motorman for several years. If the brake worked hard or was defective, he must have known it. He, therefore, having, with such knowledge of the defect, taken the…
2Cases cited6 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Russell v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Powers v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Haskin v. N. Y. Central & Hudson River RailroadNew York Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Perschke v. HenckenNew York Supreme Court · 1897
- Brougham v. StateNew York Court of Claims · 1918