Connell 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 Orange on the 3d day of October, 1910, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 21st day of September, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
This action is brought under the Employers’ Liability Act. It is clear enough that plaintiff’s intestate was killed in consequence to the passing of defendant’s train. 'When last seen he was standing in a space between the defendant’s tracks and retaining wall, facing that wall, in an act' of urination. The train was an irregular one, south bound, and traveling at the rate of 10 or 12 miles an hour. The intestate was a flagman stationed at the grade crossing of a highway in the city of Newburgh. His long hours of continuous service naturally required him to relieve ■ such calls…
2Cases cited18 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mink v. KeimNew York Court of Appeals · 1943
- Levine v. City of New YorkNew York Court of Appeals · 1955
- McAuliffe v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Connell v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1911