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Gleason v. Delaware, L. & W. R.

101 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1906-10-17 English

Decision Majority — PER CURIAM. · Dissent — KRUSE, J.,

Contents
p. 1123
GLEASON, Respondent, v. DELAWARE, L. & W. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 17, 1906.)

Headnote

Action by Margaret Gleason, as, etc., against the Delaware, Lackawanna & Western Railroad Company.

Judgment and order affirmed, with costs.

dissents, upon the ground that the movement of the light engine by whistle signals only, which the court charged was safe and proper practice, was no evidence tending to prove the existence of the unsafe and improper practice of moving engines with cars attached by whistle signals only, without the hand flag or lamp signals, and it was error to permit the jury to consider it for that purpose.