Wagner v. New York, C. & St. L. R.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Chautauqua county. Action by Sophia Wagner, administratrix, against the New York, Chicago & St. Louis Railroad Company. From a judgment on a verdict for plaintiff, and from an order denying a motion on. the minutes for a new trial, defendant appeals.
1Opinion of the CourtHiscock, J.
This action was brought to recover damages for the death of plaintiff's intestate, who was killed by being precipitated from defendant’s railroad track into a ravine thereunder while at work upon a derrick car belonging to defendant. The accident was caused through said car being toppled off the track by the weight of a stone which was.being raised. The trial justice permitted the jury to find that the defendant was guilty of negligence in not having a proper appliance upon the car for controlling the swing of the boom of the derrick by which the stone was being raised, and also in not…
2Cited by3 opinions
- Blust v. Pacific Telephone Co.Oregon Supreme Court · 1906
- Oklahoma Portland Cement Co. v. BrownSupreme Court of Oklahoma · 1914
- De La Mar v. HerdeleyCourt of Appeals for the Second Circuit · 1907