Parker v. Erie Railroad — 217 N.Y. 648

Majority

p. 648

Spencer B. Parker, Respondent, v. Erie Railroad Company, Appellant.

Headnote

Parker v. Erie R. R. Co., 161 App. Div. 909 , affirmed.

(Argued January 27, 1916;

decided February 22, 1916.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by

p. 649

plaintiff through the negligence of defendant. The complaint alleged that plaintiff while crossing defendant’s right of way caught his foot in a defect in said crossing and while endeavoring to extricate it was run down by a train receiving the injuries complained of.

John W. Ryan for appellant.

S. Wallace Dempsey, Alan V. Parker and Allen T. Stewart for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Chase, Hogan and Cardozo, JJ. Dissenting: Cuddeback, J. Not voting: Hiscock, J. Not sitting: Pound, J.