Barnasky v. New York, Ontario & Western Railway Co.

Appellate Division of the Supreme Court of New York

Barnasky v. New York, Ontario & Western Railway Co.

180 A.D. 921

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1917

StatusPublished

This text of 180 A.D. 921 (Barnasky v. New York, Ontario & Western Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnasky v. New York, Ontario & Western Railway Co., 180 A.D. 921 (N.Y. Ct. App. 1917).

Pincite

Opinion

Judgment affirmed, with costs. Appeal from order denying motion for new trial, made upon the minutes of the judge, dismissed, upon the ground that the Special Term was not authorized to pass upon the question. But we have, nevertheless, examined the facts under section 1342 of the Code of Civil Procedure and find no error therein. All concurred, except Merrell and Be Angelis, JJ., who dissented and voted for reversal and dismissal of the complaint upon the ground that the plaintiff was guilty of contributory negligence as matter of law.

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Judgment affirmed, with costs. Appeal from order denying motion for new trial, made upon the minutes of the judge, dismissed, upon the ground that the Special Term was not authorized to pass upon the question. But we have, nevertheless, examined the facts under section 1342 of the Code of Civil Procedure and find no error therein. All concurred, except Merrell and Be Angelis, JJ., who dissented and voted for reversal and dismissal of the complaint upon the ground that the plaintiff was guilty of contributory negligence as matter of law.

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Bluebook (online)

180 A.D. 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnasky-v-new-york-ontario-western-railway-co-nyappdiv-1917.