Decker v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John S. Decker, from a judgment of the-Supreme Court in favor of the defendant, the Erie Railroad Company, entered in the office of the clerk of the county of Orange on. the 12th day of June, 1902, upon the dismissal of the complaint, as-to said defendant, by direction of the court after a trial at the-Orange Trial Term.
1Dissent
Goodrich, P. J. (dissenting):
■ I dissent from the result reached by a majority of my associates. The plaintiff sued the Erie Railroad Company and the Lehigh and Hew England Railroad Company for damages occasioned by the neg ligent running of a train of the Lehigh Company. The complaint alleged that the Erie Company was leasing, controlling and operating a railroad owned by the" Goshen and Deckertown Railroad Company ; that the Lehigh Company, by virtue of an agreement with the Erie Company, used the tracks of the latter company and ran and operated its engines and trains thereon ; that while…
2Cases cited2 opinions
- Cain v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Phillips v. Northern Railroad of New JerseyNew York Supreme Court · 1891