Biehl v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 4th day of March, 1908, upon the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 7th day of March, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff, a fireman employed by the defendant, was seriously injured while properly in the caboose of his train eating his lunch at about nine o’clock in the evening, while his train was standing at the station at Englewood in the State of New Jersey, the accident being due to a rear-end collision. The defendant was operating a second train following the one on which the plaintiff was employed, and it is not questioned here that the accident was due to the negligent act of one McKim, the engineer of the second train, who ran into the first train at the rate of from twelve to…
2Cases cited1 opinion
- Pearsall v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1907