15 N.Y.S. 501 | N.Y. Sup. Ct. | 1891
This is an action for damages in causing the death of plaintiff’s intestate, James Mahoney, an employe, on February 11,1890, while coupling cars. Three defenses are interposed: (1) Contributory negligence on the part of the intestate; (2) that the accident was a risk taken by the defendant in his employment; and (3) freedom of negligence on the part of the defendant. Coupled with these three defenses is a preliminary one that the evidence does