Utess v. Erie Railroad

Appellate Division of the Supreme Court of New York

Utess v. Erie Railroad

123 N.Y.S. 1146

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

DecidedMay 4, 1910

StatusPublished

This text of 123 N.Y.S. 1146 (Utess 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

Utess v. Erie Railroad, 123 N.Y.S. 1146 (N.Y. Ct. App. 1910).

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Opinion

PER CURIAM.

Judgment and order affirmed, with costs.

McLENNAN, P. J., and WILLIAMS, J., dissent, upon the ground that the engineer in charge of the train was not shown guilty of negligence which caused or contributed to the injury, and 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, reported at 131 App. Div. 447, 115 N. Y. Supp. 389.

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PER CURIAM.

Judgment and order affirmed, with costs.

McLENNAN, P. J., and WILLIAMS, J., dissent, upon the ground that the engineer in charge of the train was not shown guilty of negligence which caused or contributed to the injury, and 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, reported at 131 App. Div. 447, 115 N. Y. Supp. 389.

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Bluebook (online)

123 N.Y.S. 1146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/utess-v-erie-railroad-nyappdiv-1910.

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