Bailey v. President of Delaware & H. Canal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by James H. Bailey, as administrator of the estate of Charles E. Bailey, deceased, against the president, managers and company of the Delaware & Hudson Canal Company. From a verdict and judgment for plaintiff and an order denying a new trial, defendant appeals; Reversed.
1Opinion of the CourtParker, P. J.
The plaintiff’s intestate was employed as a brakeman on the defendant’s road, and was killed while -coupling a box car to a gondola, so called, at Tico-nderoga Junction. Timbers about 12x14 inches square, and about 40 feet long, were loaded upon the gondola, and extended over upon another -one coupled to it. The ends of these timbers extended past the end of the gondola car some 12 to 18 inches, and beyond its bumper, so that when such car was pushed up against the box car only about 6 inches of space was left between the end of the timber and the end of the box car. While he was coupling the…
2Cases cited9 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Cullen v. . NortonNew York Court of Appeals · 1891
- Fuller v. . JewettNew York Court of Appeals · 1880
- Slater v. . JewettNew York Court of Appeals · 1881
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