Egelston v. . the New York, Chicago and St. Louis Rd. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 6, 1911, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant, his employer.
1Opinion of the Court
Judgment reversed, new trial granted, costs to abide event, on the ground that, while the custom of other companies was not controlling it was competent evidence to he considered by the jury in determining as to the necessity or propriety of a rule regulating the movement of cars, and that the exclusion of proof of the custom was too serious an error to he disregarded. No opinion.
Cullen, Ch. J., Gray, Werner, Hiscock and Collin, JJ., concur.
2Cited by5 opinions
- Danbois v. New York Central RailroadNew York Court of Appeals · 1963
- Miller v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1995
- Korngold v. Lenox BathsAppellate Terms of the Supreme Court of New York · 1915
- Schwer v. New York, Chicago & St. Louis Rd. Co.Ohio Supreme Court · 1954
- Schwer v. New York, Chicago & St. Louis Rd. Co.Ohio Supreme Court · 1954