Tapley v. New York Dock Railway — 234 N.Y. 570

Majority

p. 570

Mabel G. Tapley, as Administratrix of the Estate of Herbert F. Tapley, Deceased, Respondent, v. New York Dock Railway, Appellant.

Headnote

Negligence — railroads — death from being struck by standing car against which others were backed without warning.

Tapley v. N. Y. Dock Railway, 199 App. Div. 664 , affirmed.

(Argued October 11, 1922;

decided October 27, 1922.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 18, 1922, unanimously affirm

p. 571

ing a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. The plaintiff’s intestate was killed by being struck by the sudden movement of a standing car while he was on the dock of the New York Dock Company, engaged in work incidental to the repair of machinery upon a steamship which was lying in berth at the dock. The motion of the car which struck the plaintiff’s intestate was caused by the defendant backing against it, without warning, a locomotive and six cars for the purpose of coupling with the car and moving it for switching purposes.

E. C. Sherwood, Martin A. Schenck and Benjamin C. Loder for appellant.

John Winans and Alfred T. Rowe for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.