Cook v. Erie Railroad

Appellate Division of the Supreme Court of New York

Cook v. Erie Railroad

257 A.D. 909, 12 N.Y.S.2d 1010, 1939 N.Y. App. Div. LEXIS 8351

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

DecidedMay 3, 1939

StatusPublished

This text of 257 A.D. 909 (Cook 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

Cook v. Erie Railroad, 257 A.D. 909, 12 N.Y.S.2d 1010, 1939 N.Y. App. Div. LEXIS 8351 (N.Y. Ct. App. 1939).

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Opinion

Order affirmed, with costs. Memorandum: The question as to whether or not adequate warning of the approach of the train was given to the decedent is a close one. We cannot say that the trial court was not justified in setting aside the verdict for the plaintiffs as against the weight of the evidence on this issue. All concur. (The order sets aside the verdict of a jury in favor of plaintiffs and grants a new trial, in an action under the Federal Employers’ Liability Act.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Order affirmed, with costs. Memorandum: The question as to whether or not adequate warning of the approach of the train was given to the decedent is a close one. We cannot say that the trial court was not justified in setting aside the verdict for the plaintiffs as against the weight of the evidence on this issue. All concur. (The order sets aside the verdict of a jury in favor of plaintiffs and grants a new trial, in an action under the Federal Employers’ Liability Act.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Bluebook (online)

257 A.D. 909, 12 N.Y.S.2d 1010, 1939 N.Y. App. Div. LEXIS 8351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-erie-railroad-nyappdiv-1939.