Legal Opinion

Kent v. . Erie R.R. Co.

New York Court of Appeals

Decided February 29, 1916PublishedCited by 6 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 80, 1913, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as mate-. rial, are stated in the opinion. It was reversible error for the court to charge the jury that “ if the plaintiff was not required in the discharge of his duties to the defendant to board such train, he cannot recover.”

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 80, 1913, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as mate-. rial, are stated in the opinion. It was reversible error for the court to charge the jury that “ if the plaintiff was not required in the discharge of his duties to the defendant to board such train, he cannot recover.” (Noonan v. N. Y. C. & H. R. R. R. Co., 42 N. Y. S. R. 41; 131 N. Y. 594; Sprong v. B. & A. R. R. Co., 58 N. Y. 56; Butler v.…

1Opinion of the CourtChase, J.

In June, 1909, the Erie Railroad Company was engaged in raising its roadbed and putting in a side track in Livingston county on its line between the cities of Homell and Buffalo. For the purpose of doing that work, dirt and gravel were brought by means of a gravel train and deposited between the two main tracks of said railroad. The plaintiff was employed as a brakeman on such gravel train. He had been employed as a brakeman by the defendant prior to June, 1909, for a time aggregating about fourteen months. On the morning of June 15 such gravel train stood on the eastbound track at a point…

2Cases cited6 opinions

  1. Sprong v. . Boston Albany R.R. Co.New York Court of Appeals · 1874
  2. Muhlens v. ObermeyerAppellate Division of the Supreme Court of the State of New York · 1903
  3. Muller v. Oakes Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1906
  4. Utess v. . Erie R.R. Co.New York Court of Appeals · 1912
  5. Curran v. . Lake Champlain M.R.R. Co.New York Court of Appeals · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Larson v. . Nassau Electric R.R. Co.New York Court of Appeals · 1918
  2. First National Bank of New York v. Bankers Trust Co.New York Supreme Court · 1934
  3. Kent v. . Erie R.R. Co.New York Court of Appeals · 1920
  4. Kent v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1922
  5. Kent v. Erie RailroadNew York Supreme Court · 1921

1 more not listed; retrieve them via the Exa API.

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