Legal Opinion

Pierson v. Interborough Rapid Transit Co.

New York Supreme Court

Decided December 15, 1917Published

Motion by defendant to set aside the verdict of a jury and to dismiss the complaint.

1Opinion of the CourtBrown, J.

The plaintiff was employed by the defendant as a guard in the operation of its cars on the Third Avenue Elevated railroad; his duties as guard ceased on the arrival of his train at Bronx Park station at two-ten p. m. on June 8, 1916; he had no duties to perform for the defendant in the course of or as incidental to his employment until four fifty-eight p. m. on that day; he remained on the train intending to return with it on its southerly trip, obtain his pay on arrival at One Hundred and Twenty-ninth street, provided too many men were not in line ahead of him at the car, and continue by the…

2Cases cited11 opinions

  1. Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
  2. Vick v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
  3. Marceau v. Rutland Railroad Co.New York Court of Appeals · 1914
  4. Henson v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1909
  5. Gill v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912

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