Cole v. Fall Brook Coal Co.
New York Supreme Court
Appeal from circuit court, Monroe county. Action by Lafayette Cole against the Fall Brook Coal Company for personal injuries. There was a verdict for plaintiff for $8,000. On defendant’s motion the court granted a new trial, and plaintiff appeals. Affirmed. For appeal from former order, denying motion for a new trial, and order denying motion for reargument, see 10 N. Y. Supp. 417,12 N. Y. Supp. 956.
1Opinion of the CourtLewis, J.
The plaintiff was injured while in the employ of the defendant as brakeman on the 9th of November, 1887, and brought this action to recover damages for his injuries. The trial took place at the Monroe circuit, before Justice Rumsey, in 1889, the plaintiff recovering a verdict of $8,000. The plaintiff’s evidence tended to show that, while in the act of coupling a switch-engine to a section of a train, he was caught between the end-sills of the tank and a gondola car, and was severely crushed, and that the accident occurred in consequence of the absence of one of the bumpers upon the gondola…
2Cases cited3 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- Strout v. StewartSupreme Judicial Court of Maine · 1874
- Cole v. Fall Brook Coal Co.New York Supreme Court · 1890
3Cited by6 opinions
- Guth v. BellSupreme Court of Iowa · 1911
- Rogers v. GoforthWest Virginia Supreme Court · 1939
- Corley v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Curran v. HargreavesAppellate Division of the Supreme Court of the State of New York · 1937
- Corley v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1896
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