McAuliffe v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson Elver Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 1st day of March, 1915, upon the verdict of a jury for $40,000, and also from an order entered in said clerk’s office on the 2d day of March, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Putnam, J.:
The first judgment recovered by plaintiff, a freight conductor in employ of defendant, was reversed by a divided court on the ground that plaintiff was not then employed in interstate commerce. (164 App. Div. 846.)
The record upon the second trial has brought out further details of the plaintiff’s employment on the day before his accident. It had been already shown that plaintiff had been conductor of a freight train that ran from Weehawken, N. J., to Bavena, N. Y. It was not clearly proved what was done on the day following. But it is now established that on this intermediate day,…
2Cases cited5 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Connell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Schowerer v. New Jersey & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1914
- McAuliffe v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by3 opinions
- Fried v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1918
- Lierness v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1926
- Gardner v. HinesAppellate Division of the Supreme Court of the State of New York · 1919