From Casetext: Smarter Legal Research

Norton v. Erie Railroad Co. No. 2

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 7, 1914
163 App. Div. 468 (N.Y. App. Div. 1914)

Opinion

July 7, 1914.

James O. Sebring, for the appellant.

F.A. Robbins, for the respondent.


The plaintiff seeks to have included in the judgment interest upon the verdict from the time of the death of the plaintiff's intestate, as is provided by section 1904 of the Code of Civil Procedure. I think that section has no application to this case, for the reason that the action is brought under the Federal Employers' Liability Act, and the verdict rests solely upon the claim arising under that act. The Federal statute is paramount and exclusive (35 U.S. Stat. at Large, 65, chap. 149, as amd. by 36 id. 291, chap. 143; U.S. Comp. Stat. Supp. 1911, pp. 1322, 1324; Mondou v. N.Y., N.H. H.R.R. Co., 223 U.S. 1; Taylor v. Taylor, 232 id. 363, revg. sub nom. Matter of Taylor, 204 N.Y. 135), and the defendant's liability may not be extended by the provisions of our statute. No provision is made in the Federal act for adding such interest to the verdict, and I think the provisions of our statute may not be invoked for that purpose.

The order should, therefore, be affirmed, with ten dollars costs.

All concurred.

Order affirmed, with ten dollars costs and disbursements.


Summaries of

Norton v. Erie Railroad Co. No. 2

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 7, 1914
163 App. Div. 468 (N.Y. App. Div. 1914)
Case details for

Norton v. Erie Railroad Co. No. 2

Case Details

Full title:GERTRUDE I. NORTON, as Sole Administratrix, etc., of SHADRACH NORTON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 7, 1914

Citations

163 App. Div. 468 (N.Y. App. Div. 1914)
148 N.Y.S. 771

Citing Cases

Mobile O. R. Co. v. Williams

This question has been considered in some of the state courts, but, we find none in the federal courts. In…

Murmann v. N.Y., N.H. H.R.R. Co.

The Legislature had no intention to make it reach so far. This is obvious, we think, both from the section…