Burtnett v. Erie Railroad — 221 N.Y. 549

Majority

p. 549

Torrence M. Burtnett, Respondent, v. Erie Railroad Company, Appellant.

(Argued May 15, 1917;

decided June 5, 1917.)

Headnote

Burtnett v. Erie R. R. Co., 165 App. Div. 984 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1915, affirming a judgment in favor

p. 550

of plaintiff entered upon a verdict in an action under the Federal Employers’ Liability Act to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant, his employer. While engaged in the performance of his duty as a brakeman plaintiff was thrown from the top of a car by the sudden stoppage of the train and received the injuries complained of.

William C. Cannon for appellant.

Thomas J. O’Neill and Leonard F. Fish for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Chase, Hogan, Pound, Crane and Andrews, JJ. Dissenting: Hiscock, Ch. J., and Collin, J.