Ingham v. New York, Ontario & Westen Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie L. Ingham, as administratrix, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chenango on the 20th day of April, 1917, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from the order of nonsuit.
1Opinion of the Court
Woodward, J.:
The plaintiff has been nonsuited, and is, of course, entitled to have this appeal considered from the standpoint of the most favorable view which a jury might be authorized to find from the evidence.
On the 8th day of March, 1916, plaintiff’s intestate was employed by the defendant as a track repairer, cleaning snow from the tracks and doing the work of a section hand. The defendant is conducting an interstate commerce railroad, and this action is governed by the provisions of the Federal Employers’ Liability Act (35 U.S. Stat. at Large, 65, chap. 149, as' amd. by 36 id. 291,…
2Cases cited1 opinion
- Blanchard v. . D., L. W.R.R. Co.New York Court of Appeals · 1914
3Cited by1 opinion
- Sacco v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1925