Legal Opinion · Dissent

Jerzewski v. Erie Railroad

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

Decided November 15, 1925PublishedCited by 6 opinions

1DissentCeotjch, J.

Plaintiffs’ intestate, while on defendant’s tracks, was run down and killed by cars which were being switched. At the close of plaintiffs’ ease a nonsuit was ordered. The facts which the jury could have found were substantially as follows: Spaulding & Spaulding were operators of a coal trestle located near defendant’s tracks. The coal was sold to small dealers and draymen who delivered it to their own customers. For a period of seven years from 1913 to 1920, there had been a shortage of coal. During that time vehicles belonging to the small dealers and draymen would congregate at or near the…

2Cases cited8 opinions

  1. Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
  2. Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
  3. Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
  4. Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
  5. Clark v. DoolittleAppellate Division of the Supreme Court of the State of New York · 1923

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3Cited by6 opinions

  1. Zambardi v. South Brooklyn Railway Co.New York Court of Appeals · 1939
  2. Gleason v. Central New England Railway Co.New York Court of Appeals · 1933
  3. Lefler v. Pennsylvania RailroadNew York Supreme Court · 1952
  4. Quinn v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1927
  5. Skzypek v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1935

1 more not listed; retrieve them via the Exa API.

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