Hyperlawhypertext legal database Washburn v. New York & Pennsylvania Railway Co. 95 N.Y.S. 1165

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Washburn v. New York & Pennsylvania Railway Co.

95 N.Y.S. 1165 Court N.Y. App. Div. Decision date 1905-10-18 English

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p. 1165
WASHBURN, Respondent, v. NEW YORK & P. RY. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 18, 1905.)

Headnote

Action by Ransom C. Washburn against the New York & Pennsylvania Railway Company.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event upon questions of law only; the facts having been examined and no error found therein. Held, that the engine crew at the time of the accident was engaged in the service of Flohr Bros., and therefore-the defendant is not liable for their alleged negligence.