Kenney v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the supreme court, general term, fifth department, affirming interlocutory judgment overruling demurrer to complaint.
1Opinion of the CourtGray, J.
It was admitted by the defendant that the death of plaintiff’s intestate was caused by the negligence of its employes; but it claims to have been relieved of any liability in such an event by reason of a contract between it and the express company, in whose service the intestate was employed as a railroad messenger. Whether such was the effect with respect to the claim of the plaintiff is the main and controlling question in the case. This contract was between the National Express Company and the defendant, and concerned the business of the express company over the latter’s'railroad It…
2Cases cited2 opinions
- Blair v. . Erie Railway CompanyNew York Court of Appeals · 1876
- Holsapple v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1881
3Cited by16 opinions
- The OceanicaCourt of Appeals for the Second Circuit · 1909
- Russell v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1901
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MahoneyIndiana Supreme Court · 1897
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
- Southern Ry. Co. v. Blunt & WardU.S. Circuit Court for the District of Alabama · 1908
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