Fish v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 11, 1913, which affirmed an interlocutory judgment of Special Term overruling a demurrer to separate defenses set up in the answer. The plaintiff brought this action to recover for injuries received by him in a collision on defendant’s railroad at Elmira, in this state.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 11, 1913, which affirmed an interlocutory judgment of Special Term overruling a demurrer to separate defenses set up in the answer. The plaintiff brought this action to recover for injuries received by him in a collision on defendant’s railroad at Elmira, in this state. His complaint charges that he was at the time a passenger on one of defendant’s trains, and it further contains the allegations that are usual in actions to recover for injuries on the ground…
1Opinion of the CourtWerner, J.
Although four questions are certified for our determination, we may for convenience reduce them to two. The first arises under the ‘‘2nd ” separate defense and requires us to decide whether the Federal regulations pleaded in that defense absolve the defendant from any liability in any state court on account of the personal injuries sustained by the plaintiff. The other arises under both the ‘ ‘ 2nd ” and "3rd ” separate defenses and calls upon us to determine whether the contracts relieving the defendant from liability are to be governed by the law of this state or by the law of Michigan; and…
2Cases cited17 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
- Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Curtis v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1878
- Illinois Central Railroad v. BeebeIllinois Supreme Court · 1898
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3Cited by5 opinions
- General Accident Fire & Life Assurance Corp. v. GanserNew York Supreme Court · 1956
- Wiley v. Grand Trunk Ry.District Court, W.D. New York · 1915
- Bonde v. General Security Insurance Co. of CanadaNew York Supreme Court · 1967
- New Amsterdam Casualty Co. v. SteckerAppellate Division of the Supreme Court of the State of New York · 1956
- Woolf v. ReedNew York Supreme Court · 1962