Sadowski v. Long Island R.R. Co.
New York Court of Appeals
I. Plaintiff established defendant’s negligence by a preponderance of the evidence and the verdict of the jury was proper. It was error to reverse the judgment and dismiss the complaint. (Bailey v. Central Vermont Railway, Inc., 87 L. ed. 1030, U. S. Supreme Court, decided May 24, 1943; Branson v. Baltimore & Ohio Railroad Co., 128 Md. 679, 131 Md. 686; McGrath v. Lehigh Valley R. R. Co., 263 N. Y. 657; Jacque v. Locke Insulator Corp., 70 P. 2d 680, 293 TJ.
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I. Plaintiff established defendant’s negligence by a preponderance of the evidence and the verdict of the jury was proper. It was error to reverse the judgment and dismiss the complaint. (Bailey v. Central Vermont Railway, Inc., 87 L. ed. 1030, U. S. Supreme Court, decided May 24, 1943; Branson v. Baltimore & Ohio Railroad Co., 128 Md. 679, 131 Md. 686; McGrath v. Lehigh Valley R. R. Co., 263 N. Y. 657; Jacque v. Locke Insulator Corp., 70 P. 2d 680, 293 TJ. S. 585; Piecsonka v. Pullman Co., 102 P. 2d 432; Harrison Engineering Construction Corp. y. Rollinson, 109 F. 2d 602; Galeota v. United…
1Opinion of the Court
Plaintiff was, at the time of his alleged injury on August 25, 1939, thirty-five years of age and in the employ of the defendant as an engine service man in its yards at Morris Park, N. Y., on an eight-hour shift. He had been working on the same job with the same duties continuously for the previous sixteen years or more. It was the only job he ever had. He serviced some twenty to thirty locomotives during each shift by filling their tenders with coal and water and their sand boxes with a hard, fine sharp quartz sand.
Adjoining the coal wharf and water tank where the locomotives were placed…
2Cases cited18 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
- Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
- Chicago, Milwaukee & St. Paul Railway Co. v. CooganSupreme Court of the United States · 1926
- Railroad Co. v. JonesSupreme Court of the United States · 1877
13 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Pedrick v. Peoria & Eastern RailroadIllinois Supreme Court · 1967
- Urie v. ThompsonSupreme Court of the United States · 1949
- Jerome Singleton v. City of New York, Ronald Salzer and Anthony DellaventuraCourt of Appeals for the Second Circuit · 1980
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Humble Sand & Gravel, Inc. v. GomezTexas Supreme Court · 2004
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