Hyperlawhypertext legal database Palmer v. Buffalo, Rochester & Pittsburg Railroad 115 N.Y.S. 1136

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Palmer v. Buffalo, Rochester & Pittsburg Railroad

115 N.Y.S. 1136 Court N.Y. App. Div. Decision date 1909-03-03 English

Contents

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p. 1136
PALMER, Respondent, v. BUFFALO, R. & P. R. Co., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 3, 1909.)

Headnote

Action by Johanna H. Palmer, as administratrix, etc., against the Buffalo, Rochester & Pittsburg Railroad Company.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the court erred in submitting the case to the jury under the provisions of the federal employer’s liability act, and, further, that the plaintiff’s intestate was guilty of contributory negligence as matter of law.