Williams v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Oneida county. Action by Ellis E. Williams against the Delaware, Lackawanna & Western Railroad Company. From a judgment in favor of plaintiff, and an order denying a motion for a new trial, defendant appeals. Plaintiff seeks to recover damages sustained by him, while in the employ of the defendant as brakeman, on the 8th of July, 1882, while riding on top of a freight car in the village of Norwich.
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Appeal from trial term, Oneida county. Action by Ellis E. Williams against the Delaware, Lackawanna & Western Railroad Company. From a judgment in favor of plaintiff, and an order denying a motion for a new trial, defendant appeals. Plaintiff seeks to recover damages sustained by him, while in the employ of the defendant as brakeman, on the 8th of July, 1882, while riding on top of a freight car in the village of Norwich. Mitchell street, in that village, crosses the defendant’s road by means of a bridge over the road, 16 feet 1£ inches above the top of the rail.
1Per curiam
Plaintiff in April, 1883, commenced this action, and in his complaint alleged that the defendant was guilty of negligence, by reason of the bridge which carries Mitchell street over its tracks not being sufficiently elevated, and in his complaint, among other things, alleged that the defendant did not furnish sufficient brakemen to operate the train on which the plaintiff was engaged. The defendant admits its incorporation and its operation of the railroad, substantially as alleged in the complaint, and denies that it was guilty of any negligence, and alleges affirmatively that, *204if plaintiff…
2Cases cited7 opinions
- De Forest v. . JewettNew York Court of Appeals · 1882
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- Appel v. Buffalo,New York & Philadelphia Railway Co.New York Court of Appeals · 1888
- Degraaf v. . WyckoffNew York Court of Appeals · 1889
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3Cited by3 opinions
- Grockie v. HirshfieldAppellate Division of the Supreme Court of the State of New York · 1900
- Williams v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Williams v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1900