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Utess v. Erie Railroad

123 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1910-05-04 English

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p. 1146
UTESS, Respondent, v. ERIE R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
May 4, 1910.)

Headnote

Action by Max F. Utess against the Erie Railroad Company.

Judgment and order affirmed, with costs.

McLENNAN, P. J., and WILLIAMS, J., dissent, upon the ground that the engineer in charge of the train was not shown guilty of negligence which caused or contributed to the injury, and that in any event the proof does not bring the case within the provisions of the Barnes act. See opinion of McLennan, P. J., in same case on former appeal, reported at 131 App. Div. 447 , 115 N. Y. Supp. 389 .