Legal Opinion

Hoag v. Ulster & Delaware Railroad

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 1917PublishedCited by 3 opinions

Appeal by the defendant, The Ulster and Delaware Railroad Company, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Otsego on the 30th day of October, 1916.

1Opinion of the Court

Lyon, J.:

This is an appeal from an order directing discovery of books and papers, granted in a negligence action brought under the Federal Employers’ Liability Act (35 U. S. Stat. at Large, 65, chap. 149, as amd. by 36 id. 291, chap. 143).

Defendant owns and operates an intrastate railroad, with its termini at Kingston and Oneonta. On June 16, 1916, plaintiff’s testate was in defendant’s employ as a fireman upon one of its engines. On that day his engine first assisted in moving a freight and coal train from Oneonta to Grand Hotel station. It then returned as far as Arkville and assisted in…

2Cases cited2 opinions

  1. North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
  2. Savings Bank of Danbury v. LoeweSupreme Court of the United States · 1917

3Cited by3 opinions

  1. Komow v. Simplex Cloth Cutting Machine Co.New York Supreme Court · 1919
  2. Beauty Silk Manufacturing Co. v. KrumholzNew York Supreme Court · 1931
  3. Hayhurst v. O'RourkeNew York Supreme Court · 1956

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