Bushby v. New York, Lake Erie & Western R. R. Co.
New York Court of Appeals
Appeal from an order of the supreme court, general term, fourth department, granting a motion for a new trial. The facts sufficiently appear in the opinion.
1Opinion of the CourtDanforth, J.
The defendant with knowledge that it was to be used for the carriage of lumber over its tracks and by its servants, delivered at its station in Webster, to one Lewis, a platform car. To the sills of this car on each side six permanent loops or iron pockets were securely bolted. These were purposed and intended for the reception of stakes or standards in order that so equipped, the car would be adapted for carrying a loose load such as lumber or the like. The stakes were not furnished with the car. Lewis had never before loaded a car. On this occasion he put a stake in each of four pockets on…
2Cases cited1 opinion
- Abel v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1886
3Cited by17 opinions
- Cincinnati, Hamilton & Dayton Railroad v. McMullenIndiana Supreme Court · 1889
- Anderson v. Inland Telephone & Telegraph Co.Washington Supreme Court · 1898
- Wilson v. St. Joe Boom Co.Idaho Supreme Court · 1921
- Illinois Steel Co. v. ZiemkowskiIllinois Supreme Court · 1906
- Felice v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
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