Fish v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George D. Fish,- from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 11th day of April, 1913, overruling plaintiff’s demurrer to the second and third separate defenses set forth in the answer.
1Opinion of the Court
Lyon, J.:
The single question involved upon this appeal is as to the validity within this State of a clause in a contract for transportation from a point within a sister State to a point within this State, and of a release executed concurrently therewith, both of which werfe invalid in the State where executed but vahd when executed within this State, exempting a common carrier from liability to a person being transported as a caretaker, who was injured while traveling over the line of a connecting carrier wholly within this State, through the negligence of such connecting carrier.
The action…
2Cases cited20 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- Union National Bank of Chicago v. ChapmanNew York Court of Appeals · 1902
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
15 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Willcox v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1914