Legal Opinion

Cannon v. Fargo

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

Decided April 15, 1915PublishedCited by 1 opinion

Upon reargument ordered after decision of November last to reverse and dismiss the complaint, in view of - subsequent decisions of the Court of Appeals, on the power of this court-to direct final judgment of dismissal. (See 165 App. Div. 931.)

1Per curiam

Plaintiff’s first and direct admission that at the time of the accident, and at the first trial, he did not know it was his duty to help with express packages, must control. He then swore that such help was not his duty, nor his custom, since (except in rare instances when called on by the station master) he had not given such help to defendant’s servants in handling express matter. His own testimony must be accepted as true, and, therefore, must be decisive of bis action. A mere volunteer, *922when he went to this express car, as plaintiff conceded that he was, could not afterwards face about…

2Cases cited1 opinion

  1. Peterson v. Ocean Electric Railway Co.New York Court of Appeals · 1915

3Cited by1 opinion

  1. National Equipment Rental, Ltd. v. StanleyDistrict Court, E.D. New York · 1959

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