New York Court of Appeals May 19, 1908 (Kelly v. Delaware, Lackawanna & Western Railroad)

Chase, J.

A careful statement of the facts shown by uncontradicted evidence upon the trial leads to the conclusion that the death of the plaintiff’s intestate was wholly the result of negligence of fellow-servants of the intestate for which the defendant is not legally responsible.

*205Oil the day of the accident on which the intestate lost his life a scheduled freight train known as No.