Baehr v. Lake Shore & Michigan Southern Railway Co.

Appellate Division of the Supreme Court of New York

Baehr v. Lake Shore & Michigan Southern Railway Co.

92 N.Y.S. 1114

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1905·Published

Opinion

PER CURIAM.

Plaintiff’s exceptions overruled, motion for new trial denied, and judgment directed lor the defendant, with costs. Held that, even if it be assumed that plaintiff’s complaint alleges a cause of action under section 2 of the Employers’ Liability Act (chapter [1115]*1115*600, p. 1749, Laws 1902), and (without so deciding) that the conductor was a superintendent of the defendant within the meaning of said section, plaintiff still failed to establish actionable negligence chargeable to the defendant.

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PER CURIAM.

Plaintiff’s exceptions overruled, motion for new trial denied, and judgment directed lor the defendant, with costs. Held that, even if it be assumed that plaintiff’s complaint alleges a cause of action under section 2 of the Employers’ Liability Act (chapter [1115]*1115*600, p. 1749, Laws 1902), and (without so deciding) that the conductor was a superintendent of the defendant within the meaning of said section, plaintiff still failed to establish actionable negligence chargeable to the defendant.

Baehr v. Lake Shore & Michigan Southern Railway Co., 92 N.Y.S. 1114 (N.Y. Ct. App. 1905).

Pincite

92 N.Y.S. 1114 (Baehr v. Lake Shore & Michigan Southern Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.