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Caffi v. N.Y. Central H.R.R.R. Co.

Supreme Court, Appellate Term
Feb 1, 1907
52 Misc. 570 (N.Y. App. Term 1907)

Opinion

February, 1907.

L. Edwin Oppenheim, for appellant.

Charles C. Paulding, for respondent.


The duty of the plaintiff, in the employ of a construction company, required him to watch for and warn workmen of the approach of trains while they were at work in the yard of the defendant at Fifty-sixth street and Park avenue. At the time he was struck by an engine of the defendant he was obviously not acting in the performance of his duty, which, as appears from the evidence, might and could have been performed from a position of safety. That through negligence or negligent ignorance he stood at the time of the accident in a position of danger, without any emergency or exigency therefor, does not entitle him to recover from the defendant, even if it were negligent, because he was himself at fault. Keeler v. N.Y.C. H.R.R.R. Co., 114 A.D. 807. The verdict in favor of the plaintiff was, therefore, properly set aside and the order should be affirmed, with costs.

GILDERSLEEVE and AMEND, JJ., concur.

Order affirmed, with costs.


Summaries of

Caffi v. N.Y. Central H.R.R.R. Co.

Supreme Court, Appellate Term
Feb 1, 1907
52 Misc. 570 (N.Y. App. Term 1907)
Case details for

Caffi v. N.Y. Central H.R.R.R. Co.

Case Details

Full title:RAFFAELE CAFFI, Appellant, v . THE NEW YORK CENTRAL AND HUDSON RIVER…

Court:Supreme Court, Appellate Term

Date published: Feb 1, 1907

Citations

52 Misc. 570 (N.Y. App. Term 1907)
102 N.Y.S. 633