De Forest v. . Jewett
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made December 31, 1880, setting aside a verdict for plaintiff, and granting a new trial. This action was brought to.recover damages for alleged negligence, causing the death of Levi W. De Forest, plaintiff’s intestate.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made December 31, 1880, setting aside a verdict for plaintiff, and granting a new trial. This action was brought to.recover damages for alleged negligence, causing the death of Levi W. De Forest, plaintiff’s intestate. De Forest was a switchman and car coupler, in a freight yard in the city of Buffalo, in the employ of defendant, who, as receiver, was operating the road of the Erie Bailway Company. The yard was drained by sluices or shallow ditches running under the tracks in the spaces between the…
1Opinion of the CourtTracy, J.
We are of the opinion that this case cannot be distinguished from the case of Gibson v. The Erie Railway Company (63 N. Y. 449), and must be controlled by it.
In that case this court held that, having accepted service, with knowledge of the character and position of structures from which he might be liable to injury, the plaintiff could not call upon the defendant to make alterations to secure greater safety, or, in case of injury from risks which were apparent, he could not call upon his employer for indemnity.
In the present case the yard, in which the deceased worked, was drained by a system…
2Cases cited2 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Plank v. N.Y. Central and Hudson River Railroad CompanyNew York Court of Appeals · 1875
3Cited by67 opinions
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- New England Railroad v. ConroySupreme Court of the United States · 1899
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
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