Wild v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, Erie Railroad Company, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 7th day of December, 1915, directing defendant to accept service of a notice withdrawing demurrers.
1Opinion of the Court
McLaughlin, J.:
Action to recover $30,000 damages for personal injuries. The answer put in issue the material allegations of the complaint and set up as affirmative defenses (1) contributory negligence; (2) certain statutes of the State where the accident occurred; and (3) the common law of that State relating to recoveries for personal injuries by persons walking on or crossing railroad tracks. The plaintiff demurred to the second and third affirmative defenses. At the trial of the demurrer the defendant moved to dismiss the complaint upon the ground that it did not. state facts sufficient to…
2Cases cited1 opinion
- Tudor v. EbnerAppellate Division of the Supreme Court of the State of New York · 1905