Kelliher v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson Biver Bailroad Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 19th day of July, 1912, upon the decision of the court, rendered after a trial at the Steuben Special Term, sustaining the plaintiff’s demurrer to the defenses set up in the fourth, fifth and sixth counts in defendant’s answer.
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Appeal by the defendant, The New York Central and Hudson Biver Bailroad Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 19th day of July, 1912, upon the decision of the court, rendered after a trial at the Steuben Special Term, sustaining the plaintiff’s demurrer to the defenses set up in the fourth, fifth and sixth counts in defendant’s answer. The action was commenced on the 20th day of May, 1912, to recover the damages alleged to have been sustained by the widow and next of kin of…
1Opinion of the Court
McLennan, P. J.:
The complaint alleges that Daniel Kelliher, plaintiff’s intestate, while in the employ of defendant, was injured November 22, 1906, solely through defendant’s negligence, and that as a result of such injuries he died February 2, 1912. The complaint is so drawn as to claim liability on the part of the defendant under the common law as well as under the Employers’ Liability Act. (See Laws of 1902, chap, 600; Labor Law [Consol. Laws, chap. 31; Laws of 1909, chap. 36], art, 14, as amd. by Laws of 1910, chap. 352.)
For a fourth separate defense the defendant alleges in its answer…
2Cases cited7 opinions
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Dibble v. New York & Erie Rail RoadNew York Supreme Court · 1857
- Hodge v. Rutland RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Weber v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Causey v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1914
- Casey v. Auburn Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1913