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Schmitt v. Pennsylvania Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1916
172 App. Div. 942 (N.Y. App. Div. 1916)

Opinion

January, 1916.


Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, 1. That the so-called "Safety Appliance Act," requiring eighty-five per cent of the cars in a train to be equipped with air brakes, has no application to a switching operation such as is disclosed by the evidence in this case, and that the submission to the jury of that issue was error. ( United States v. Erie R.R. Co., 237 U.S. 402.) 2. That at the time of the accident the defendant was engaged in interstate commerce. 3. That upon the issue of the negligence of the defendant, the verdict is against the weight of the evidence. All concurred.


Summaries of

Schmitt v. Pennsylvania Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1916
172 App. Div. 942 (N.Y. App. Div. 1916)
Case details for

Schmitt v. Pennsylvania Railroad Company

Case Details

Full title:Alfred Schmitt, Respondent, v. Pennsylvania Railroad Company, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 1, 1916

Citations

172 App. Div. 942 (N.Y. App. Div. 1916)