Austin v. New York Central Railroad

Appellate Division of the Supreme Court of New York

Austin v. New York Central Railroad

243 A.D. 544

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1934·Published

Opinion

Action under the Federal Employers’ Liability Act to recover for the death of plaintiff’s intestate, an employee of defendant, who, while riding on a velocipede on the track, was struck and killed by a locomotive. Judgment dismissing the complaint at the close of plaintiff’s case and order denying plaintiff’s motion to vacate and set aside the dismissal unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Young, Carswell, Tompkins and Davis, JJ.

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Action under the Federal Employers’ Liability Act to recover for the death of plaintiff’s intestate, an employee of defendant, who, while riding on a velocipede on the track, was struck and killed by a locomotive. Judgment dismissing the complaint at the close of plaintiff’s case and order denying plaintiff’s motion to vacate and set aside the dismissal unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Young, Carswell, Tompkins and Davis, JJ.

Austin v. New York Central Railroad, 243 A.D. 544 (N.Y. Ct. App. 1934).

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