Unadilla Valley Ry. Co. v. Caldine,
278 U.S. 139 (1928)

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U.S. Supreme Court

Unadilla Valley Ry. Co. v. Caldine, 278 U.S. 139 (1928)

Unadilla Valley Ry. Co. v. Caldine

No. 73

Argued November 27, 1928

Decided December 10, 1928

278 U.S. 139


A train arrived at a station where, by the express printed rule of the railroad company, it must be held to await the passing of another train moving upon the same track in the opposite direction. The station agent had been informed by telephone that the other train was coming, and there was some evidence that he told the motorman of the first train, but he did not tell the conductor. Disobeying the rule, the conductor ordered the motorman to proceed and, the latter obeying, a collision resulted by which the conductor was killed. In an action brought by his administrator against the railroad company under the Employers' Liability Act,

Page 278 U. S. 140

held that the plaintiff could not be heard to say that the accident was due in part to the negligence of the motorman in obeying the conductor's command; nor could it be attributed in part to the station master's neglect to warn the conductor. P. 278 U. S. 141.

246 N.Y. 365 reversed.

Certiorari, 277 U. S. 578, to a judgment of the court of appeals of New York which reversed a contrary decision of the Supreme Court, Appellate Division, and affirmed a judgment for damages recovered at the Trial Term by the present respondent in an action under the Federal Employers' Liability Act. See 218 App.Div. 5; 217 N.Y.S.705.

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