Stanton v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Orange on the 4th day of March, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office'on the 7th day of March, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This action is for breach of contract. The plaintiff, when a locomotive fireman in the employ of the defendant, was injured, and brought an action for negligence against the defendant. On April 1, 1904, the defendant delivered to the plaintiff the following writing:
“ Erie Eailro'ad Company,
“ Office of the General Manager, Mo. 21 Cortlandt Street,
“ Mew York, April 1, 1904. “Mr. John A. Stanton, Port Jervis, M. Y.:
“ Dear Sib.— In consideration of your withdrawing your action against this company, and your claim growing out of an accident to you on June 17, 1903, upon the payment to…
2Cases cited6 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- White v. . HoytNew York Court of Appeals · 1878
- Usher v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Jones v. De CourseyAppellate Division of the Supreme Court of the State of New York · 1896
- Usher v. New York Central and Hudson River Rail. Co.New York Court of Appeals · 1904
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3Cited by5 opinions
- Potthoff v. Safety Armorite Conduit Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Levy v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924
- McElraevy & Hauck Co. v. St. Joseph's Home for GirlsCity of New York Municipal Court · 1913
- Pullman Co. v. RayCourt of Appeals of Maryland · 1953
- Pullman Co. v. RayCourt of Appeals of Maryland · 1953