Painton v. . Northern Cent. Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made the first Tuesday of May, 1877, reversing a judgment in favor of plaintiff, entered upon a verdict, and granting a new trial. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff through the negligence of defendant.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made the first Tuesday of May, 1877, reversing a judgment in favor of plaintiff, entered upon a verdict, and granting a new trial. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff was in the employ of defendant as a brakeman, and while in the discharge of Ms duties the brake he was operating gave way, and he was thrown from a car and injured. The further facts appearing on the trial are set forth…
1Opinion of the CourtRapallo, J.
The judge at the trial correctly stated- to the jury the rule of law governing this case, instructing them that the defendant was required to exercise care and diligence in selecting and retaining in use fit and safe machinery, and implements fit for the use to which they were applied, and that if it failed to do so, and an accident consequently occurred by which an employee was injured, without negligence on his part, he might recover.
No exception was taken to the charge, hut the defendant insists that there was no evidence bringing the case within the general rule stated, and a nonsuit…
2Cases cited1 opinion
- De Graff v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
3Cited by33 opinions
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Myers v. CohnNew York Court of Common Pleas · 1893
- McCarragher v. . RogersNew York Court of Appeals · 1890
- Commercial Bank of Keokuk v. . PfeifferNew York Court of Appeals · 1888
- Wiita v. Interstate Iron Co.Supreme Court of Minnesota · 1908
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