Talmadge v. New York, Susquehanna & Western Railroad

Supreme Court of New Jersey

Talmadge v. New York, Susquehanna & Western Railroad

107 A. 411, 93 N.J.L. 505, 1919 N.J. LEXIS 196

Supreme Court of New Jersey·Decided June 25, 1919·Published

Opinion

Pee Curiam.

The case of Winfield v. Erie Railroad Co., 88 N. J. L. 619, upon which the Supreme Court based its decision, was later overruled by the Supreme Court of the United States in Erie Railroad Co. v. Winfield, 244 U. S. 170; 61 L. Ed. [506]*5061057. This decision is controlling and requires a reversal of the judgment of our Supreme Court, which is ordered accordingly.

For affirmance — ISTone.

For reversal — The Chancellor., Chief Justice, Swayze, Trenchard, Bergen, Black, Heppeni-ieimer, Williams, Taylor, JJ. 9.-

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Pee Curiam.

The case of Winfield v. Erie Railroad Co., 88 N. J. L. 619, upon which the Supreme Court based its decision, was later overruled by the Supreme Court of the United States in Erie Railroad Co. v. Winfield, 244 U. S. 170; 61 L. Ed. [506]*5061057. This decision is controlling and requires a reversal of the judgment of our Supreme Court, which is ordered accordingly.

For affirmance — ISTone.

For reversal — The Chancellor., Chief Justice, Swayze, Trenchard, Bergen, Black, Heppeni-ieimer, Williams, Taylor, JJ. 9.-

Talmadge v. New York, Susquehanna & Western Railroad, 107 A. 411, 93 N.J.L. 505, 1919 N.J. LEXIS 196 (N.J. 1919).

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