Legal Opinion

Marlatt v. Erie Railroad

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

Decided December 6, 1912PublishedCited by 4 opinions

Appeal by the defendant, The 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 Steuben on the 6th day of March, 1912, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 26th day of February, 1912, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Lambert, J.:

The action is in negligence to recover for personal injuries sustained by the plaintiff while he was riding in a caboose at *389the rear end of one of defendant’s fast freight trains near Callicoon, N. Y.

The day preceding the accident at the station of Greenwood on the New York and Pennsylvania railroad the firm, of Scott & Lewis partially loaded a car of five stock and hilled the same over that and the defendant railroad to Jersey Oity in the State of New Jersey. The car was then moved to Oanisteo and into defendant’s freight yards where its loading was completed by one Wilson out of…

2Cases cited4 opinions

  1. Brewer v. New York, Lake Erie & Western R. Co.New York Court of Appeals · 1891
  2. Ehrhard v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  3. Kuperschmidt v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1905
  4. Coppock v. Long Island RailroadNew York Supreme Court · 1895

3Cited by4 opinions

  1. Albert v. StateNew York Court of Claims · 1974
  2. Hart v. CortAppellate Terms of the Supreme Court of New York · 1913
  3. Thoreson v. New York State RailwaysNew York Supreme Court · 1916
  4. Marlatt v. Erie R.Appellate Division of the Supreme Court of the State of New York · 1914

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