Legal Opinion
Rocco v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 1931PublishedCited by 1 opinion
1Opinion of the CourtWhitmyer, J.
The action is for negligence under the Federal Employers’ Liability Act.
The question is the applicability of the rule of comparative negligence.
Deceased was a track inspector on section 25 of defendant’s Auburn-Ithaca single-track branch, running northerly from Ithaca, along the easterly shore of Cayuga lake.
In making his inspection, he used a speeder, having two wheels on the right side and one wheel on the left, and operated by foot. It could readily be taken from the track.
While on the way northerly on December 8, 1927, about three-thirty p. m., he was killed in a collision with a…
2Cases cited3 opinions
- Unadilla Valley Railway Co. v. CaldineSupreme Court of the United States · 1928
- Blanchard v. . D., L. W.R.R. Co.New York Court of Appeals · 1914
- Schowerer v. New Jersey & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by1 opinion
- Rocco v. Lehigh Valley RailroadSupreme Court of the United States · 1933