Kent v. . Erie R.R. Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department entered December 11, 1917, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department entered December 11, 1917, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. In this action in which the rights and liabilities of the parties are governed by the Federal Employers’ Liability Act, section 64 of the Railroad Law of the state of New York, in its entirety, is inapplicable. (Collelli v. Turner, 215 N. Y. 675; C. V. Ry. Co. v. White, 238 U. S. 507;…
1Opinion of the CourtMcLaughlin, J.
This action has been twice tried. On the first trial defendant had a verdict, which was affirmed by the Appellate Division, but reversed by this court and a new trial ordered on the ground that the jury was improperly instructed as to the law of the case. (Kent v. Erie R. R. Co., 217 N. Y. 349.) On the second trial plaintiff had a verdict, which was unanimously affirmed by the Appellate Division and defendant appeals to this court.
The plaintiff, an employee of the defendant, while riding on one of its cars, fell therefrom by reason of a handhold giving way, and sustained injury which…
2Cases cited6 opinions
- New Orleans & Northeastern Railroad v. HarrisSupreme Court of the United States · 1918
- Looney v. Metropolitan RailroadSupreme Court of the United States · 1906
- Yazoo & Mississippi Valley Railroad v. MullinsSupreme Court of the United States · 1919
- New Orleans & Northeastern Railroad v. ScarletSupreme Court of the United States · 1919
- Kent v. . Erie R.R. Co.New York Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Garner v. Pacific Electric Railway Co.California Court of Appeal · 1962
- In re the Estate of BarkerNew York Surrogate's Court · 1929
- Wood v. Southern Pacific Co.Oregon Supreme Court · 1959
- Kent v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1922
- Kent v. Erie RailroadNew York Supreme Court · 1921
1 more not listed; retrieve them via the Exa API.