Appellate Division of the Supreme Court of New York, 1906

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

Gleason v. Delaware, L. & W. R.
Appellate Division of the Supreme Court of New York · Decided October 17, 1906 · Kruse
101 N.Y.S. 1123 (New York Supplement)
Gleason v. Delaware, L. & W. R.

Dissenting Opinion

KRUSE, J.,

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.

Opinion of the Court

PER CURIAM.

Judgment and order affirmed, with costs.

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