Moran v. New York Central & Hudson River Railroad — 3 Thomp. & Cook 770

Majority

p. 770

Moran, administratrix, etc., appellant, v. New York Central & Hudson River Railroad Company.

Headnote

Negligence — of co-employee—Objection—without grounds stated unmailable.

Plaintiff’s testator, who was the employee of defendant, a railroad company, was killed by an accident on one of defendant’s trains upon which he was going to his work. Held, that an omission by a signal man of defendant to place a signal, which omission caused the accident, it not being shown that any of

p. 771

defendant’s employees was unskillful or incompetent would be the negligence of a co-employee of the intestate and give plaintiff no right to recover against defendant. Warner v. Brie Railway Company, 39 N. Y. 468 .

An objection to the admission of testimony stating no ground for excluding it held too general to be of avail.

Appeal from an order denying a new trial upon the minutes, the court also ordering exceptions to be heard in the first instance at the general term.

Amasa J. Parker, for plaintiff and appellant.

Samuel Hand, for defendant and respondent.

There were no points of importance passed upon in the opinion which require its publication at length.

Judgment affirmed.

Cases cited

Warner v. Erie Railway Co. 39 N. Y. 468 N.Y. p. 771