Wild v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Jesse Wild against the Erie Railroad Company. From so much of an interlocutory judgment as overruled demurrer to two defenses contained in the amended answer, plaintiff appeals; and from so much thereof as denied a motion to dismiss the complaint, defendant appeals.
1Per curiam
Upon the authority of Barry v. N. Y. Cent. & Hudson River R. R. Co., 92 N. Y. 290, 44 Am. Rep. 377, and Lamphear v. N. Y. Cent. & Hudson River R. R. Co., 194 N. Y. 172, 86 N. E. 1115 (see, also, Erie R. R. Co. v. Burke, 214 Fed. 247, 130 C. C. A. 617), the judgment appealed from should be affirmed, without costs to either party, with leave to plaintiff to withdraw the demurrer, upon payment of costs in the court below. Order filed.
2Cases cited2 opinions
- Lamphear v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1909
- Erie R. v. BurkeCourt of Appeals for the Second Circuit · 1914