Decker v. Lehigh & Hudson River Railway Co. — 246 N.Y. 619

Majority

p. 619

Margaret A. Decker, as Administratrix of the Estate of Seeley Decker, Deceased, Respondent, v. The Lehigh and Hudson River Railway Company, Appellant.

Headnote

Negligence — master and servant — railroads — brakeman killed by coming in contact with overhead bridge.

Decker v. Lehigh & II. R. Ry. Co., 218 App. Div. 839 , affirmed.

(Argued October 28, 1927;

decided November 22, 1927.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 22, 1926, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action, under the Federal Employers’ Liability Act, to recover for the death of plaintiff’s intestate, alleged to have been occasioned through the negligence of defendant, his employer. The complaint alleged that intestate, a railroad brakeman, was killed by coming in contact with an overhead bridge at Belvidere, New Jersey, while engaged in his duties on a train proceeding from Phillipsburg, New Jersey, to Warwick, New York.

p. 620

John Bright and Clifford S. Beattie for appellant.

Ivan A. Gardner, Abram F. Servin and Charles E. Taylor for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cabdozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.