New York Court of Appeals

Wright v. . New York Central Railroad Company.

December 5, 186225 N.Y. 562

Summary

The New York Court of Appeals reversed the lower court's judgment and ordered a new trial, holding that the railroad employer was not liable for the brakeman's injuries caused by the reckless negligence of another servant, and that the plaintiff had assumed the risk of known railway perils. Justice Kagan, dissenting, would have held ... (Note: there is a concurrence that agrees with reversal but critiques evidentiary rulings).