Eaton v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Eew York Central and Hudson River Railroad Company, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of t-he^ county of Wayne on the 10th day of July, 1896, upon the verdict of a jury at the Wayne Circuit, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon a case containing exceptions.
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Appeal by the defendant, The Eew York Central and Hudson River Railroad Company, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of t-he^ county of Wayne on the 10th day of July, 1896, upon the verdict of a jury at the Wayne Circuit, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon a case containing exceptions. This action was begun December 5, 1892, to recover damages for a personal injury, caused, it is alleged, by the negligence of the defendant. From some time in 1882 until…
1Opinion of the Court
Follett, J. :
The brake shaft on car No. 8468 was an iron rod about one and three-fourths of an inch in diameter, extending from a point about two feet above the deck of the car to a point below its. floor. On the upper end of the brake shaft was a brake wheel which was turned by the brakeman when the brake was applied to the wheels of the car. On the deck of the car there were the usual rachet and dog for holding the brake against the wheels of the- car when it was applied. In the lower end of the brake shaft, underneath the car, was an eye bolt about one-half of an inch in diameter and…
2Cases cited3 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Gottlieb v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Besel v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877
3Cited by2 opinions
- Frounfelker v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Eaton v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1897