1 Misc. 425 | New York City Court | 1892
The plaintiff, a brakeman on one of defendant’s trains, recovered a verdict against defendant for injuries claimed to have been inflicted solely through the negligence of defendant. From judgment entered thereupon and from order denying motion for a new trial, this appeal is taken. The appellant’s counsel argued this appeal solely upon the ground that a nonsuit should have been granted, insisting that there was no negligence on the part of defendant; that it was one of the risks assumed by plaintiff, and that plaintiff was chargeable with contributory negligence.
There is testimony in the case from which it can be fairly inferred that plaintiff, while engaged in the performance of the duties imposed upon him by the orders of defendant, was upon the side step of one of the open cars of the train drawn by a steam engine around the curve at Sixty-seventh street,
The defendant took no steps to make this track and roadbed reasonably safe and proper, or to instruct the employees of the dangers thereof, or to regulate the passing of trains at this
Osborne, J., concurs.
Judgment affirmed.