Bragg v. Central New England Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Central New England Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 10th day of April, 1913, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Stapleton, J.:
On the 1st day of October) 1909, during the afternoon, a collision, resulting in a wreck, occurred on the defendant’s *604one-track railroad within a short distance of Lloyd in Ulster county, N. Y. The plaintiff’s intestate was employed on the road as a section hand. He was at work that day and was obliged, with his fellows, to continue at work throughout the night because of the necessity of clearing the line of the wreckage. On the morning of October second, around seven o’clock, by the direction of his foreman, he went up the road some distance from the wreck and in the vicinity…
2Cases cited4 opinions
- O'Brien v. . Erie R.R. Co.New York Court of Appeals · 1913
- Hallock v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1910
- Breed v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Rosenthal v. New YorkAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Bisogno v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Bragg v. Central New England Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1914