Legal Opinion · Dissent

Curran v. Lake Champlain & Moriah Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1911Published

Appeal by the defendant from a judgment of the Supreme Court in favor of the plaintiff, entered .in the Essex county clerk’s office on the 20th day of September, 1910, upon the verdict of a jury, and also from an order denying a motion to set aside the verdict and for a new trial..

1Dissent

Betts, J,

(dissenting): I dissent. The plaintiff was employed by the. defendant as a brakeman, and had been for several years. ..On the 14th of August, 1908, he was thrown from the rear car on which he was standing by *891the sudden stopping of a train without any notice by whistle or otherwise from the engineer that the train was to be stopped. The negligence claimed is the failure of the defendant’s engineer to give any signal of intention to stop the train. The action was tried as one to recover damages as a common-law action of negligence, supplemented by section 43a of the Railroad Law.* At…

2Cases cited2 opinions

  1. Breed v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1909
  2. Inglese v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1909

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