Legal Opinion
Smith v. Delaware & Hudson Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 1929PublishedCited by 2 opinions
1Opinion of the Court
Davis, J. Dennis J.
Smith was a brakeman and flagman employed by the defendant and was killed on December 8, 1927, while engaged in the performance of his duties in interstate commerce. It is alleged that he met his death because of the negligence of servants of the defendant, and plaintiff is entitled to recover under the provisions of the Federal Employers’ Liability Act.* Smith was one of a crew of six men on a pick-up freight train which left Delanson each week day at five-forty-five p. m. and ran southerly to Howe’s Cave, and after performing some switching duties there returned to…
2Cases cited9 opinions
- Slater v. . JewettNew York Court of Appeals · 1881
- Lamb v. Union Railway Co.New York Court of Appeals · 1909
- Felice v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Sullivan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1900
- Beecher v. . Long Island R.R. Co.New York Court of Appeals · 1900
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3Cited by2 opinions
- Baltimore & Ohio Railroad v. RodeheaverCourt of Appeals of Maryland · 1951
- Sweeney v. Boston & Maine RailroadSupreme Court of New Hampshire · 1934