Baird v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erie Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 8th day of May, 1911, upon the decision of the court rendered after a trial at the Erie Special Term, and also from an order entered in said clerk’s office on the 4th day of May, 1911, granting the plaintiff an extra allowance.
1DissentMcLennan, P. J.
The true interpretation and meaning of the contract in question, as written, was determined by this court (Thompson v. Erie R. R. Co., 96 App. Div. 539; opinion by Justice Hiscook, in which all but one of the justices concurred). It was held in that case, which was an action at law, that under the terms of such contract the plaintiff was not entitled to recover. This action is brought in equity, seeking a reformation of such contract so that its provisions shall inure to the benefit of the Union Iron Works, plaintiff’s assignor.
I think there is no evidence which',justifies the conclusion that…
2Cases cited1 opinion
- Thompson v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904