Horton v. New York Central Railroad

Appellate Division of the Supreme Court of New York

Horton v. New York Central Railroad

14 A.D.2d 817, 221 N.Y.S.2d 361, 1961 N.Y. App. Div. LEXIS 8249

Appellate Division of the Supreme Court of the State of New York·Decided October 30, 1961·Published

Opinion

In our opinion, the proof adduced was sufficient to present an issue as to whether defendant, in maintaining the premises in such manner that the door to the panel box containing the switch was customarily obstructed by another door, violated its duty to use reasonable care to furnish plaintiff a safe place to work (cf. Sano V. Pennsylvania R. R. Co., 282 F. 2d 936). Since there was not a complete absence of probative facts to support the jury’s finding that negligence on the part of defendant played some part in producing plaintiff’s injuries, the verdict in plaintiff’s favor should not have been set aside (cf. Lavender v. Kurn, 327 U. S. 645, 653; Rogers v. Missouri Pacific R. R. Co., 352 U. S. 500, 506—508, 510). We are also of the opinion that there was ample proof to justify the jury’s finding that plaintiff was guilty of contributory negligence and that the damages were required to be reduced substantially by reason thereof (cf. O’Neill v. Erie R. R. Co., 182 App. Div. 729; U. S. Code, tit. 45, § 53). Nolan, P. J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.

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In our opinion, the proof adduced was sufficient to present an issue as to whether defendant, in maintaining the premises in such manner that the door to the panel box containing the switch was customarily obstructed by another door, violated its duty to use reasonable care to furnish plaintiff a safe place to work (cf. Sano V. Pennsylvania R. R. Co., 282 F. 2d 936). Since there was not a complete absence of probative facts to support the jury’s finding that negligence on the part of defendant played some part in producing plaintiff’s injuries, the verdict in plaintiff’s favor should not have been set aside (cf. Lavender v. Kurn, 327 U. S. 645, 653; Rogers v. Missouri Pacific R. R. Co., 352 U. S. 500, 506—508, 510). We are also of the opinion that there was ample proof to justify the jury’s finding that plaintiff was guilty of contributory negligence and that the damages were required to be reduced substantially by reason thereof (cf. O’Neill v. Erie R. R. Co., 182 App. Div. 729; U. S. Code, tit. 45, § 53). Nolan, P. J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.

Horton v. New York Central Railroad, 14 A.D.2d 817, 221 N.Y.S.2d 361, 1961 N.Y. App. Div. LEXIS 8249 (N.Y. Ct. App. 1961).

Pincite

14 A.D.2d 817 (Horton v. New York Central Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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