Loomis v. Lake Shore & Michigan Southern Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡May 18, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s intestate was lawfully on defendant’s tracks and in its yards.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡May 18, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s intestate was lawfully on defendant’s tracks and in its yards. (Smith v. N. Y. & H. R. R. Co., 19 N. Y. 127; Harold v. N. Y. C. R. R. Co., 13 Daly, 89; Collins v. N. Y & N. H. R. R. Co., 23 J. & S. 31; Young v. N. Y. C. & H. R. R. R. Co., 30 Barb. 229; 13…
1Opinion of the CourtBartlett, J.
The plaintiff, as the administratrix of John Loomis, deceased, brought this action against the Lake Shore & Michigan Southern Railway Company, under the following circumstances : The intestate was, on the 12th day of July, 1902, the day he was killed, in the employ of the New York, Chicago & St. Louis Railway Company (commonly known as the Nickel Plate) as a brakeman on one of its freight trains. The accident happened' in the yard of the Lake Shore road at Buffalo.
It is a conceded fact, alleged in the complaint and admitted by the answer, that the Nickel Plate road had a lease and contract…
2Cited by4 opinions
- Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Keeler v. New York CentralAppellate Division of the Supreme Court of the State of New York · 1906
- Grathwohl v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Grathwohl v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1906