Neagle v. Syracuse, Binghamton & New York Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 22, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 22, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff failed to show that the defendant, in the exercise of reasonable care, was negligent in permitting the snow plow and engines upon which plaintiff’s intestate was employed to be moved over the track at the time of the accident. (Kirby v. D. & H. C. Co., 20…
1Opinion of the Court
Cullen, Ch. J.
This action was brought to recover for the death of the plaintiff’s intestate, a fireman in the employ of the defendant, who was killed by the' derailment of a locomotive. In February, 1902, the westerly track of defendant’s railroad near Cortland Junction had been obstructed for some time by heavy falls of snow. A week or so prior to the accident the defendant had a gang of men shoveling snow from the track. The evidence adduced by the plaintiff tended to show that while the sliovelers removed the loose snow, they found at points large patches of ice which were as high as the…
2Cases cited3 opinions
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Brick v. Rochester, New York & Pennsylvania RailroadNew York Court of Appeals · 1885
- Murphy v. . N.Y. Cent. Hudson R.R.R. Co.New York Court of Appeals · 1882
3Cited by8 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Henry v. . Hudson Manhattan R.R. Co.New York Court of Appeals · 1911
- Illinois Cent. R. v. HartCourt of Appeals for the Sixth Circuit · 1910
- Free v. Home Telephone Co.Indiana Court of Appeals · 1917
- Lawrence v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
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