
    Jonathan R. Marlatt, Respondent, v. Erie Railroad Company, Appellant.
    
      Marlatt v. Erie R. R. Co., 162 App. Div. 929, affirmed.
    (Argued March 14, 1917;
    decided April 3, 1917.)
    Appeal from a judgment of the Appellate Division of -the Supreme Court in the fourth judicial department, entered April 3, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. ' Plaintiff was injured by the sudden stoppage of a freight train on which he was a passenger. The accident occurred while he was traveling from Canisteo, N. Y., to Newark, N. J., in charge of a double-deck carload of livestock. The defense was that the stock was shipped under a written contract which prevents a recovery and that there is no liability even though plaintiff is not prohibited from recovering by the contract, and was lawfully upon the train, because the accident resulted from a defective condition of the air brake system known as a sticky triple valve which a reasonable inspection had failed to disclose. The contract urged as a defense was not made by the parties to this action. It was made between Scott & Lewis as shippers and the New York and Pennsylvania Railroad Company. Plaintiff claimed he had no knowledge that any contract had been made or was required.
    
      Floyd G. Greene for appellant.
    
      J. W. Hollis for respondent.
   Judgment affirmed, with costs; no opinion.

Concur; Hiscock, Ch. J., Collin, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  