Grathwohl v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson Elver Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of January, 1906, upon the verdict of a jury for $1,800, and also from an order, as resettled, entered in said clerk’s office on the 16th day of January, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Patterson, J. (dissenting):
I do not concur in the opinion of the majority of the court reversing the judgment and order appealed from. The plaintiff’s intestate was not a servant- of the defendant Corporation, but of a contractor with that corporation to do certain work in repairing the system of signals on the defendant’s roadway near the bridge over the Harlem Eiver. The decedent had been engaged in that work under the direction of a foreman of the contractor and for a sufficient time to enable the defendant’s officers and employees to have knowledge of that fact. He was working at a…
2Cases cited6 opinions
- Sullivan v. . Tioga R.R. Co.New York Court of Appeals · 1889
- Dempsey v. New York Cent. & H. R. R.New York Supreme Court · 1894
- Wells v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Conlan v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
- Loomis v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.