Legal Opinion

Collins v. Pennsylvania Railroad

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

Decided July 7, 1914PublishedCited by 11 opinions

Appeal by the defendant, Pennsylvania 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 Erie on the 5th day of January, 1914, upon the verdict of a jury for $1,600, and also from an order entered in said clerk’s office on the 1th day of January, 1914, denying defendant’s motion for a hew trial made upon the minutes.

1Opinion of the Court

Merrell, J.:

Plaintiff’s intestate, a young man eighteen years and five months old, was killed shortly after five o’clock in the morning of November 30, 1910, while engaged as a switch tender for defendant at a point in the city of Buffalo near where defendant’s tracks cross Bailey avenue. He had been so employed since the sixth of September previous, and was earning only five or six dollars per week, the position being regarded by the company as that of a beginner. The physical situation and location where the young man was killed are clearly shown upon the map, “Exhibit F.” It will there be…

2Cases cited2 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
  2. Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911

3Cited by11 opinions

  1. In re the Estate of De MartinoNew York Surrogate's Court · 1932
  2. Delaware, L. & W. R. v. HughesCourt of Appeals for the Second Circuit · 1917
  3. In re the Estate of BarkerNew York Surrogate's Court · 1929
  4. In re the Estate of RademakerNew York Surrogate's Court · 1938
  5. In re the Estate of KleinNew York Surrogate's Court · 1937

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