Utess v. Erie Railroad Company

Full title: Max F. Utess, Respondent, v. The Erie Railroad Company, Appellant

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

Date published: May 1, 1910

138 App. Div. 914 (N.Y. App. Div. 1910)

123 N.Y.S. 1146

Opinion

May, 1910.

Judgment and order affirmed, with costs. All concurred, except McLennan, P.J., and Williams, J., who dissented upon the ground that the engineer in charge of the train was not shown guilty of negligence which caused or contributed to the injury, and that in any event the proof does not bring the case within the provisions of the Barnes Act. (See opinion of McLennan, P.J., in same case on former appeal, reported at 131 App. Div. 447.)