Legal Opinion · Dissent
Listorti v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1928Published
1Dissent
Taylor, J. (dissenting).
The jury might reasonably have found that after decedent had boarded defendant’s train on the morning of March fourth, as and where ordered, he was to be told by his boss where he was to work that day, and that decedent was killed after he had arrived at the place where he was to take the train. The route he had taken to reach that place was immaterial. The servant who is on his master’s premises on his way home after the day’s work *692is still in employment. (Erie R. R. Co. v. Winfield, 244 U. S. 170; Pallocco v. L. V. R. R. Co., 236 N. Y. 110.) The servant who is on his…
2Cases cited7 opinions
- Erie Railroad Company v. WinfieldSupreme Court of the United States · 1916
- Lamphere v. Oregon R. & Nav. Co.Court of Appeals for the Ninth Circuit · 1912
- McInerney v. Buffalo & Susquehanna RailroadNew York Court of Appeals · 1919
- Pallocco v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1923
- Knowles v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1918
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