Davern v. Rockwell
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Onondaga County. Action by Arthur T. Davern against William B. Rockwell, as temporary receiver, etc., of the Lakeside & Baldwinsville Railway. This is an appeal from a judgment of the Supreme Court,entered in the Onondaga county clerk’s office January 20, 1005, dismissing plaintiff’s complaint, with costs, and based upon a direction of nonsuit made at a Trial Term of said court held in said county.
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Appeal from Trial Term, Onondaga County. Action by Arthur T. Davern against William B. Rockwell, as temporary receiver, etc., of the Lakeside & Baldwinsville Railway. This is an appeal from a judgment of the Supreme Court,entered in the Onondaga county clerk’s office January 20, 1005, dismissing plaintiff’s complaint, with costs, and based upon a direction of nonsuit made at a Trial Term of said court held in said county. The action was based upon the provisions of chapter 600, p. 1748, Laws of 1902, ordinarily known as the “Employer’s Liability Act.’’ It is claimed that, while plaintiff was…
1Dissent
HISCOCK, J. (dissenting).
I think that upon all of the propositions involved in plaintiff's assertion of a right to recover against the defendant there was evidence which entitled him to go to the jury, and that, therefore, it was error to grant a nonsuit. The accident happened July 4, 1904. Since December of the preceding year defendant, as temporary receiver, had been in possession of and operating said railroad. The line of road was about 12 miles long, extending from the city of Syracuse, by the side of the boulevard upon Onondaga Lake, to the village of Baldwinsville. From the city…
2Cases cited13 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Peirce v. Van DusenCourt of Appeals for the Sixth Circuit · 1897
- Chicago & Iowa Railroad v. RussellIllinois Supreme Court · 1878
- Johnson v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1890
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