Legal Opinion

Claim of Kowalek v. New York Consolidated Railroad

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

Decided December 29, 1919PublishedCited by 5 opinions

Appeal by the defendant, New York Consolidated Railroad Company, from a decision and award of the State Industrial Commission, filed in the office of said Commission on the 7th day of May, 1919.

1Opinion of the Court

H. T. Kellogg, J.:

The deceased was killed at about eight-thirty-eight p. m. on September 20, 1918, by a current of electricity received from the third rail on a railway of the appellant at Rockaway Park station. The station consisted of a platform 300 feet long, elevated 5 feet above the ground, together with a building at its extreme westerly end, which contained, among other rooms, an office for the dispatcher and a room for train crews. Railway tracks came into the station upon each side of the platform, and were joined by a crossover track a short distance to the west of the station…

2Cases cited4 opinions

  1. Claim of Littler v. George A. Fuller Co.New York Court of Appeals · 1918
  2. Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
  3. Claim of Pope v. Merritt & Chapman Derrick & Wrecking Co.Appellate Division of the Supreme Court of the State of New York · 1917
  4. McLaughlin v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905

3Cited by5 opinions

  1. Howes v. Stark Bros. Nurseries & Orchards Co.Missouri Court of Appeals · 1930
  2. DeCamp v. Youngstown Municipal Railway Co.Ohio Supreme Court · 1924
  3. Tallon v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1920
  4. Claim of Depree v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1920
  5. Indian Creek Coal & Mining Co. v. WehrIndiana Court of Appeals · 1920

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