Hyperlawhypertext legal database Baehr v. Lake Shore & Michigan Southern Railway Co. 92 N.Y.S. 1114

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Baehr v. Lake Shore & Michigan Southern Railway Co.

92 N.Y.S. 1114 Court N.Y. App. Div. Decision date 1905-03-15 English

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p. 1114
BAEHR v. LAKE SHORE & M. S. RY. CO.
(Supreme" Court, Appellate Division, Fourth Department.
March 15, 1905.)

Headnote

Action by Mary A. Baehr, as administratrix, etc., against the Lake Shore & Michigan Southern Railway Company.

Plaintiff’s exceptions overruled, motion for new trial denied, and judgment directed lor the defendant, with costs. Held that, even if it be assumed that plaintiff’s complaint alleges a cause of action under section 2 of the Employers’ Liability Act (chapter

p. 1115
*600, p. 1749, Laws 1902), and (without so deciding) that the conductor was a superintendent of the defendant within the meaning of said section, plaintiff still failed to establish actionable negligence chargeable to the defendant.