Tuell v. Lehigh Valley Railroad — 237 N.Y. 586

Majority

p. 586

Luella G. Tuell, as Administratrix of the Estate of William M. Tuell, Deceased, Appellant, v. Lehigh Valley Railroad Company, Respondent.

Headnote

Negligence — master and servant — railroads — action to recover for death of engineer hilled in collision.

Tuell v. Lehigh Valley R. R. Co., 207 App. Div. 837 , affirmed.

(Argued January 14, 1924;

decided February 19, 1924.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

p. 587

entered October 5, 1923, affirming a judgment in favor of defendant entered upon a dismissal of the complaint 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. Decedent, an engineer upon one of defendant’s locomotives hauling a freight train was killed in a collision with another freight train which occurred in the Auburn yard of the defendant.

William E. Fitzsimmons and A. M. Sperry for appellant.

H. D. Noble, Jr., for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.