Special Bulletins - State of New York, Department of Labor Volume 50-53

Special Bulletins - State of New York, Department of Labor Volume 50-53

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...its provisions. It was intended by the legislature for the benefit of the employees of railroad corporations without regard to the form of their incorporation or the manner of their doing business. It has been held by other courts in this state that said section applies to street surface railroad corporations. (Forton v. Crosstown Street Ry. Co., 63 Misc. Rep. 237; reversed, on a diflerent ground, 137 App. Div. 420; Riccio v. International Ry. Co., 63 Misc. Rep. 588; Simona v. Brooklyn H. R. R. Co.. 142 App. Div. 36; Gorman v. B., Q. C. & S. R. R. 00., 147 App. Div. 21.) The accident causing the death of the intestate occurred October 3, 1910. At that time the Railroad Law (Laws of 1910, chapter 481), had been reenacted and it is to be presumed that the legislature in passing the act had knowledge of the construction theretofore placed upon its language by the courts. The decisions of the courts of other states construing acts changing the common-law rule relating to the negligence of a fellow-servant are not liarmonious. The diflerence in such decisions is generally explainable by the difference in the language and purpose of the statutes construed. The judgment should be affirmed, with costs. Kent v. Jamestoim Street Rwilway ('o., 205 N. Y. 361. Engineer as Vice P1'incipal.--Plaintiff, a switchman in the yard of the defendant, was injured in November, 1906, without negligence on his part through being struck by a piece of coal which fell from the locomotive tender of a passenger train, which he had signalled as it passed him. The action was at common law and in the Supreme Court trial the court instructed the jury to find the defendant liable, if liable at all, under section 64 of the Railroad Law, which makes any employee...show more

Product details

  • Paperback | 154 pages
  • 189 x 246 x 8mm | 286g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236954211
  • 9781236954213