Lindsay v. New York, N. H. & H. R.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Eastern District of New York.
1Opinion of the Court
LACOMBE, Circuit Judge.
The claim of the plaintiff is, in substance, that while discharging his duty as a brakeman (or pin-puller) in one of the yards of the defendant, at about 2 a. m. July 9, 1899, he stepped or slipped into a sluiceway or drain that ran under and across the tracks of the defendant railroad, which was open and uncovered at that point where the plaintiff slipped and fell into the same, and that it was directly in the path of the plaintiff in the discharge of his duty as such brakeman, and by reason of his fall he was run over by the cars he was about to couple and severely…
2Cases cited1 opinion
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
3Cited by10 opinions
- Monteith v. Kokomo Wood Enameling Co.Indiana Supreme Court · 1902
- E. I. DuPont de Nemours & Co. v. TaylorSupreme Court of Virginia · 1919
- Kirkpatrick v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1908
- Riley v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1904
- Norfolk & Western Railway Co. v. LumpkinsSupreme Court of Virginia · 1928
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