Kennedy v. Bethlehem Steel Co.

Order reversed on the law and facts, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: The plaintiff’s complaint alleges that plaintiff was injured by the collision of defendant Bethlehem’s train with lumber placed along the tracks by defendant Siegfried which lumber then struck plaintiff. This is an allegation of active negligence and no matter in what other way Bethlehem may be found guilty of negligence, active or passive, the proximate cause, or at least one of the proximate causes of the accident, was the collision. Assuming that the third-party defendant…