O'Brien v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 19, 1912, affirming by a divided court a judgment in favor of plaintiff entered upon a verdict. - The nature of the action and the facts, so far as material, are stated in the opinion. The failure to give signals at this point was not a breach of duty on the part of the engineer and did not constitute negligence on his part.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 19, 1912, affirming by a divided court a judgment in favor of plaintiff entered upon a verdict. - The nature of the action and the facts, so far as material, are stated in the opinion. The failure to give signals at this point was not a breach of duty on the part of the engineer and did not constitute negligence on his part. (Harty v. Central R. R. of N. J., 42 N. Y. 468; Vandewater v. N. Y. & N. E. R. R. Co., 135 N. Y. 583; Hintze v. N. Y. C. & H. R. R. R. Co., 140 App.…
1Opinion of the CourtHogan, J.
This action was brought under the statute and under section 42a of the Railroad Law, known as the Barnes Act, to recover damages for the death of John O’Brien, and has been twice tried. Upon the first trial a nonsuit was granted, and the judgment entered thereon was upon appeal reversed and a new trial granted. Upon this trial plaintiff recovered a verdict, which was affirmed by a divided court, and defendant now appeals to this court.
Plaintiff’s intestate was an employee of the defendant in the capacity of foreman over a body of men, including one Vitalii, who were engaged in the work of…
2Cases cited1 opinion
- Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
3Cited by13 opinions
- Hines v. SweeneyWyoming Supreme Court · 1921
- Kawacz v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1932
- Lee v. Pennsylvania R.R. Co.New York Court of Appeals · 1935
- Fierro v. New York Central R.R. Co.New York Court of Appeals · 1931
- Alba v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1994
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