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.