Grady v. Lehigh Valley Railroad — 227 N.Y. 663

Majority

p. 663

Margaret Grady, as Administratrix of the Estate of Michael Grady, Deceased, Appellant, v. Lehigh Valley Railroad Company, Respondent.

Headnote

Grady v. Lehigh Valley R. R. Co., 188 App. Div. 983 , affirmed.

(Argued December 11, 1919;

decided January 6, 1920.)

Appeal from a judgment of the Appellate Division . of the Supreme Court in the third judicial department, entered July 29, 1919, affirming a judgment in favor of defendant entered upon a dismissal of the complaint

p. 664

by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. The intestate was a section foreman in the employ óf defendant and was killed as the result of the collision of a motor rail car on which he was riding with his gang and a light engine. The trial court granted a nonsuit on the ground of assumption of risk.

Mortimer L. Sullivan for appellant.

Halsey Sayles for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Andrews and Elkus, JJ.