Fitzgerald 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 River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 11th day of April, 1898, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 5th day of April, 1898,'denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hardin, P. J.:
This action was commenced September 19,1889. The complaint, alleges that on the 11th of November, 1887, Thomas Fitzgerald, plaintiff’s intestate, was in the employ of the defendant as brakeman, and was making his first trip as such brakeman ; that it was-necessary and imperative for the proper performance of his work for him to go upon the tops of the freight cars when in motion, and that on the eleventh of November, while in the discharge of his-duties as such brakeman, he was ordered out on top of the freight train, which was then in motion, and while he was engaged and…
2Cases cited5 opinions
- Ferren v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
- Benthin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Fitzgerald v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- McGovern v. Standard Oil Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Meehan v. JudsonAppellate Division of the Supreme Court of the State of New York · 1899
- Dailey v. New York, N. H. & H. R. R. Co.U.S. Circuit Court for the District of Southern New York · 1909
- Fitzgerald v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Harrison v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Sherman v. SidmanMassachusetts District Court, Appellate Division · 1937