Colaizzi v. . Pennsylvania R.R. Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 26, 1911, which reversed an order of the court at a Trial Term setting aside a verdict in favor of defendant and granting a new trial, and directed judgment for defendant. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 26, 1911, which reversed an order of the court at a Trial Term setting aside a verdict in favor of defendant and granting a new trial, and directed judgment for defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff signed the application to the Relief Fund Association and accepted the benefits after his injury in ignorance of the fact that it would release any claim of damages for negligence on the part…
1Opinion of the CourtChase, J.
The plaintiff while engaged as an employee of the defendant and on June 13, 1908, at East Aurora, N. Y., was run over by a caboose attached to one of its work trains. Plaintiff served a notice upon the defendant pursuant to the provisions of section 2 of chapter 600, Laws of 1902 (now section 201 of the Labor Law). This action is brought and has been maintained by the plaintiff under such state statute to recover for his personal injuries. In the complaint the plaintiff alleges and in the answer the defendant denies that plaintiff’s injuries were caused by the defendant’s negligence and…
2Cases cited2 opinions
- Johnston v. . FargoNew York Court of Appeals · 1906
- Simpson v. New York Rubber Co.New York Supreme Court · 1894
3Cited by7 opinions
- Barnhart v. . American Concrete Steel Co.New York Court of Appeals · 1920
- People v. RoschliNew York Court of Appeals · 1937
- West & Co. of La., Inc. v. SykesSupreme Court of Arkansas · 1974
- Wells v. Penney Co.Court of Appeals for the Ninth Circuit · 1957
- Wells v. Penney CompanyCourt of Appeals for the Ninth Circuit · 1957
2 more not listed; retrieve them via the Exa API.