Utess v. Erie Railroad

Appellate Division of the Supreme Court of New York

Utess v. Erie Railroad

138 A.D. 914

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1910·Published

Opinion

Judgmeht and order affirmed, with costs. All concurred, except McLennan, P. J., and Williams, J., who dissented upon the ground that the-engineer in charge of the train was not shown guilty of negligence which caused or contributed to the injury, arid that in any event the proof "does not bring the case within the provisions-of the Barnes Act.* (See opinion of McLennan, P. J., in same case on former appeal, repprted at 131 App. Div. 447.)

Footnotes

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Judgmeht and order affirmed, with costs. All concurred, except McLennan, P. J., and Williams, J., who dissented upon the ground that the-engineer in charge of the train was not shown guilty of negligence which caused or contributed to the injury, arid that in any event the proof "does not bring the case within the provisions-of the Barnes Act.* (See opinion of McLennan, P. J., in same case on former appeal, repprted at 131 App. Div. 447.)

Footnotes

Utess v. Erie Railroad, 138 A.D. 914 (N.Y. Ct. App. 1910).

Pincite

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