People v. . Erie Railroad Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 10,1909, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 10,1909, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and granting a new trial. This action was brought to recover a judgment against the defendant for a line because it permitted or required an employee in charge of one of its block signal toiyers to be on duty more than eight hours in twenty-four in violation of the provisions of section 7a of the Labor Law (now section 8 of the Labor Law in the…
1Opinion of the CourtHiscock, J.
If section 7a of the Labor Law, above quoted, was a valid enactment in August, 1907, applicable to a block signal tower operator engaged in spacing interstate and local trains, the order appealed from was erroneous and the judgment of the trial court correct, because there is no question that during that month the respondent required one of its employees thus engaged to be on duty more than eight hours out of twenty-four in violation of the provisions of that act. Two reasons are alleged why said statute was not valid and applicable. The first of these is that the legislature had no power to…
2Cases cited19 opinions
- Hammond Packing Co. v. ArkansasSupreme Court of the United States · 1909
- Smith v. AlabamaSupreme Court of the United States · 1888
- The Employers'liability CasesSupreme Court of the United States · 1908
- Hennington v. GeorgiaSupreme Court of the United States · 1896
- Missouri, Kansas & Texas Railway Co. v. HaberSupreme Court of the United States · 1898
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3Cited by15 opinions
- People Ex Rel. Moriarty v. . CreelmanNew York Court of Appeals · 1912
- Luken v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1911
- United States v. Chicago, M. & P. S. Ry. Co.District Court, E.D. Washington · 1912
- State v. BuntingOregon Supreme Court · 1914
- Van Valkenburgh v. FordCourt of Appeals of Texas · 1918
10 more not listed; retrieve them via the Exa API.