Legal Opinion

Curtis v. New York, New Haven & Hartford Railroad

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

Decided December 31, 1913PublishedCited by 1 opinion

Appeal by the defendant, The New York, New Haven and Hartford 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 New York on the 24th day of May, 1913, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 26th day of May, 1913, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

There is but little dispute between the parties as to the material facts involved in this action. The plaintiff’s intestate was employed by the defendant as a locomotive engineer. On the morning of July 11, 1911, he started with a passenger train, known as the Federal Express, from New York for Boston. There were four tracks on defendant’s road, desig*758nated 1, 2, 3 and 4— 1 and 3 for west-bound trains, and 2 and 4 for east-bound. When the Federal Express left New York it was on track 2. Attached to it was a car of the United States Fishery Commission, which the conductor was…

2Cases cited5 opinions

  1. Benedick v. PottsCourt of Appeals of Maryland · 1898
  2. Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
  3. Cunningham v. . DadyNew York Court of Appeals · 1908
  4. Van Inwegen v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1908
  5. Van Inwegen v. . Erie Railroad CompanyNew York Court of Appeals · 1909

3Cited by1 opinion

  1. Schroeder v. City & County Savings Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1943

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