Bradley v. . New York Central R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages sustained by plaintiff for injuries received by him under the following circumstances: In January, 1867, plaintiff, a farmer, was engaged in drawing wood to defendant’s depot at Verona; a heavy snow storm was prevailing, and the tracks were incumbered with snow.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages sustained by plaintiff for injuries received by him under the following circumstances: In January, 1867, plaintiff, a farmer, was engaged in drawing wood to defendant’s depot at Verona; a heavy snow storm was prevailing, and the tracks were incumbered with snow. A foreman or track-master of defendant whose duty it was to keep its tracks clear at that station, and who was in the habit of…
1Opinion of the CourtFolger, J.
There can be no doubt, that had the plaintiff been a traveler upon the public highway, whose course took him on this occasion across the track of the defendant’s road, he would with like lack of look-out for a coming train have been so chargeable with contributory negligence, that he could not have maintained an action for the injury which he received. There is little doubt, that had he been a servant of the defendants under ordinary circumstances, he would have been like chargeable; nor is there doubt, that had there been other facts added, to those which were shown and which in the case of…
2Cited by21 opinions
- Aga v. HarbachSupreme Court of Iowa · 1905
- Northern Pacific Railroad v. AmatoSupreme Court of the United States · 1892
- Mayton v. T. & P. R. R. Co.Texas Supreme Court · 1885
- Hill v. Nelson Coal Co.Montana Supreme Court · 1909
- McLaine v. Head & Dowst Co.Supreme Court of New Hampshire · 1902
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