Legal Opinion · Concurrence

Williams v. Delaware, Lackawanna & Western Railroad

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

Decided July 24, 1900Published

Action by Ellis R. Williams against the Delaware, Lackawanna & Western Railroad Company. From a judgment for plaintiff, and an order denying a new trial, defendant appeals.

1Concurrence

LAUGHLIN, .1.

(concurring in result). In view of the questions presented and argued on this appeal, I regard the decision made by the majority of the court as indicating a determination to allow no verdict that may be rendered solely upon the evidence contained in this record to stand. Being of opinion that this is usurping the functions of the jury to an unwarranted extent, I state the case and the reasons which lead me to vote for reversal. Plaintiff was a brakeman in the employ of defendant, and the action was brought to recover damages for personal injuries sustained by him by contact with…

2Cases cited28 opinions

  1. Heller v. . CohenNew York Court of Appeals · 1897
  2. Bagley v. . BoweNew York Court of Appeals · 1887
  3. Lopez v. . CampbellNew York Court of Appeals · 1900
  4. Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
  5. Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898

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