Ashley v. Erie Railroad

Appellate Division of the Supreme Court of New York

Ashley v. Erie Railroad

161 A.D. 948, 146 N.Y.S. 1083

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1914

StatusPublished

This text of 161 A.D. 948 (Ashley v. Erie Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashley v. Erie Railroad, 161 A.D. 948, 146 N.Y.S. 1083 (N.Y. Ct. App. 1914).

Pincite

Opinion

— This case was submitted to the jury on the theories that they might find that either the defendant’s engineer or the defendant’s conductor was guilty of negligence in the handling of the train, and so caused plain tiff’s injuries. We fail to find in the record any evidence of negligence on the part of either the engineer or the conductor. W e are of opinion, therefore, that the judgment and order must be reversed, and the complaint dismissed, with costs. Judgment and order reversed, and complaint dismissed, with costs. Jenks, P. J., Burr, Carr, Richand Stapleton, JJ., concurred.

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— This case was submitted to the jury on the theories that they might find that either the defendant’s engineer or the defendant’s conductor was guilty of negligence in the handling of the train, and so caused plain tiff’s injuries. We fail to find in the record any evidence of negligence on the part of either the engineer or the conductor. W e are of opinion, therefore, that the judgment and order must be reversed, and the complaint dismissed, with costs. Judgment and order reversed, and complaint dismissed, with costs. Jenks, P. J., Burr, Carr, Richand Stapleton, JJ., concurred.

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Bluebook (online)

161 A.D. 948, 146 N.Y.S. 1083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashley-v-erie-railroad-nyappdiv-1914.