Geyer v. New York Consolidated Railroad — 227 N.Y. 620

Majority

p. 620

Bessie Geyer, as Administratrix of the Estate of Abraham Geyer, Deceased, Respondent, v. New York Consolidated Railroad Company, Appellant.

Headnote

Geyer v. N. Y. Consolidated R. R. Co., 184 App. Div. 890 , affirmed.

(Argued October 22, 1919;

decided November 18, 1919.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 25, 1918, affirming a judgment in favor of plaintiff entered upon a verdict 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. Plaintiff alleged that her intestate, on the night of his death, after reporting at the train dispatcher’s office, started to cross the tracks to the station, when

p. 621

he was struck by a car running without lights, which came around a near-by curve without warning. The defense was contributory negligence and assumption of risk.

John L. Wells, Thomas L. Hughes and George D. Yeomans for appellant.

John C. Robinson for respondent.

Judgment affirmed, with costs; no opinion.

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