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Cleghorn v. New York Central & H. River Ry. Co.

Court of Appeals of New York

56 N.Y. 44 (1874)

Relevant factsFree

A railroad switchman named Hartman caused an accident by failing to close a switch before signaling an oncoming train, and Cleghorn (plaintiff) sued the railroad (defendant) for negligence, arguing the railroad knew Hartman had "intemperate habits" and a history of drinking on the job yet kept him employed anyway.

IssueFree

Whether evidence of a defendant's "intemperate habits" is admissible in an action seeking to prove that his employer was negligent in keeping him as an employee.

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