New York Court of Appeals
Catherine Nicholson v. the Erie Railway Company, Appellant
March 20, 187041 N.Y. 525
Summary
The New York Court of Appeals reversed the lower court's judgment, holding that the Erie Railway Company owed no duty to set brakes or otherwise secure cars left on a branch track for a person crossing under an implied license, and that the deceased's own negligence barred recovery. Two concurring opinions affirmed the lack of duty and emphasized the plaintiff's negligence.