Hickey v. New York Central & Hudson River Railroad

Majority

p. 593

Elizabeth A. Hickey, as Administratrix of the Estate of Charles D. Hickey, Deceased, Appellant, v. New York Central and Hudson River Railroad Company, Respondent.

Headnote

Hickey v. H. T. C. & H. B. B. B. Co., 163 App. Div. 270 , affirmed.

(Argued October 16, 1916;

decided October 31, 1916.)

Appeal from a judgment, entered July 23,1914, upon an order of the Appellate Division of the Supreme Court

p. 594

in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for the death of plaintiff’s intestate, alleged to have been occasioned through the negligence of the defendant, his employer. The intestate was killed in a head-on collision between two trains, on one of which he was employed as fireman. The Appellate Division reversed the judgment for the plaintiff on the ground that the collision was caused either by a lack of care and attention or error of judgment upon the part of the engineer of one of the trains for which the defendant was not liable, the accident occurring prior to the passage of chapter 657 of th< Laws of 1906.

James O. Behring for appellant.

Halsey Bayles and John B. Stanchfield for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Hiscook, Chase, Cuddeback, Oardozo and Pound, JJ. Not sitting: Collin, J.

Cases cited

Hickey v. New York Cent. & H. R. R. 163 App. Div. 270 N.Y. App. Div. 1914-07-07 p. 593