Ford v. . McAdoo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 15, 1919, affirming a judgment in "favor of plaintiff entered upon a verdict. Plaintiff failed to prove either any negligence or any violation of the amended Boiler Inspection Act. (C. & E. I. R. Co. v. Driscoll, 52 N. E. Rep. 921; Tuttle v. D. G. H. & M. Ry. Co., 122 U. S. 189; N. Y. C. & H. R. R. R. Co. v. Banker, 224 Fed.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 15, 1919, affirming a judgment in "favor of plaintiff entered upon a verdict. Plaintiff failed to prove either any negligence or any violation of the amended Boiler Inspection Act. (C. & E. I. R. Co. v. Driscoll, 52 N. E. Rep. 921; Tuttle v. D. G. H. & M. Ry. Co., 122 U. S. 189; N. Y. C. & H. R. R. R. Co. v. Banker, 224 Fed. Rep. 352; B. & O. R. Co. v. McOsker, 88 N. E. Rep. 950.) There is no proof that the negligence, if any, was the cause of the accident. (White v. L. V.…
1Opinion of the CourtCrane, J.
The plaintiff in this case as administratrix of the estate of Truman C. Ford, deceased, has recovered a verdict against the defendant representing the Delaware, Lackawanna and Western Railroad Company for damages caused by the killing of her husband on April 29th, 1918.
Ford was in the employ of the railroad company as head brakeman on a freight train which left Buffalo for Elmira at seven o’clock in the evening of that day. At about 3:00 a. m. in the morning, as the train was coming into Wallace, a signal from the caboose notified the engineer that an emergency had arisen requiring him to…
2Cases cited4 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- White v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1917
- Francey v. . Rutland R.R. Co.New York Court of Appeals · 1918
- Michalski v. American MacHine & Foundry Co.New York Court of Appeals · 1919
3Cited by20 opinions
- Rinaldi & Sons, Inc. v. Wells Fargo Alarm Service, Inc.New York Court of Appeals · 1976
- Erin Wine & Liquor Store, Inc. v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1954
- Gutierrez v. Public Service Interstate Transp. Co.Court of Appeals for the Second Circuit · 1948
- Ehalt v. McCarthyUtah Supreme Court · 1943
- Fryer v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1933
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