Wooden v. Western New York & P. R. Co.

I am not prepared to give assent to the conclusion reached by my associate upon this motion, that the court, in sustaining the plaintiff’s exceptions, assumed a rule of law in conflict with established authority regulating the relation and liability between master and servant, and of servants to each other. On the contrary, I think the rule of law announced by JudgeBeckwith in deciding this case, as applicable to the facts disclosed by the record in relation to those questions, expresses the correct rule of law. It is-much more difficult to find evidence connecting the cause of the accident…