Redwitz v. New York Central Railroad

Headnote

Redwitz v. N. Y. Central R. R. Co., 183 App. Div. 919 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 23, 1918, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. Plaintiff while employed as a laborer in one of defendant’s construction gangs was injured by reason of a collision of a freight train with a handcar on which he with others was riding. The defense interposed by the defendant was

a general denial of the allegations of negligence on its part, an allegation that the plaintiff was contributorily negligent and further an allegation of a release by the plaintiff.