Mele v. Delaware & Hudson Canal Co.
The Superior Court of New York City
The complaint alleges that on or about July 21st, 1888, the plaintiff, a workman in the employ of the defendant, was crossing a bridge over which the defendant’s trains pass, at or near the place known as Maryland, Otsego Co., N. Y., on his way to his work, in common with other employees ; that in attempting to avoid an approaching train of defendant plaintiff slipped and fell; that other workmen in company with plaintiff signalled the train to stop; that the engineer in…
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The complaint alleges that on or about July 21st, 1888, the plaintiff, a workman in the employ of the defendant, was crossing a bridge over which the defendant’s trains pass, at or near the place known as Maryland, Otsego Co., N. Y., on his way to his work, in common with other employees ; that in attempting to avoid an approaching train of defendant plaintiff slipped and fell; that other workmen in company with plaintiff signalled the train to stop; that the engineer in charge negligently and without due or proper warning, caused the train to pass over the plaintiff before he could rise and…
1Opinion of the Court
By the Court.—McAdam, J.
The learned judge in the court below, properly held that there was no force in the objection that plaintiff has not in his complaint affirmatively alleged that no negligence on his part contributed to the disaster, and that the allegation that the negligence of the defendant caused the injury carries with it the inference that such negligence alone was the cause. Urquhart v. City of Ogdensburg, 23 Hun, 75; Robinson v. N. Y. C. & H. R. R. Co., 65 Barb. 146, aff’d in 66 N. Y. 11; Lee v. Troy Co., 20 Week. Dig. 413; Hackford v. N. Y. C. R. R. Co., 6 Lans. 381, aff’d, 53…
2Cases cited5 opinions
- Boldt v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Hale v. . SmithNew York Court of Appeals · 1879
- Lee v. . Troy Citizens' Gas-Light Co.New York Court of Appeals · 1885
- Hackford v. New York Central, &c., RailroadNew York Supreme Court · 1871
- Robinson v. New York Central & Hudson River RailroadNew York Supreme Court · 1873