Clancy v. Erie Railroad

Appellate Division of the Supreme Court of New York

Clancy v. Erie Railroad

13 A.D.2d 762, 215 N.Y.S.2d 975, 1961 N.Y. App. Div. LEXIS 10611

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

DecidedMay 25, 1961

StatusPublished

This text of 13 A.D.2d 762 (Clancy v. Erie Railroad) 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

Clancy v. Erie Railroad, 13 A.D.2d 762, 215 N.Y.S.2d 975, 1961 N.Y. App. Div. LEXIS 10611 (N.Y. Ct. App. 1961).

Pincite

Opinion

Motion for a stay denied, without costs. Since the pleadings in this case adequately raise the issue of plaintiff’s status, it is unnecessary for the defendant expressly to plead in its answer the applicable sections of the Railroad Law and the Penal Law. If the proof at the trial established that in fact plaintiff violated these sections, then the trial court would be obliged to charge the jury with respect to whether plaintiff was a trespasser as a matter of law. (See Chernezsky v. City of New York, 86 N. Y. S. 2d 185, affd. 276 App. Div. 995.) In the circumstances a stay is unnecessary. Concur — Botein, P. J., Breitel, Rabin, Valente and Steuer, JJ.

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Motion for a stay denied, without costs. Since the pleadings in this case adequately raise the issue of plaintiff’s status, it is unnecessary for the defendant expressly to plead in its answer the applicable sections of the Railroad Law and the Penal Law. If the proof at the trial established that in fact plaintiff violated these sections, then the trial court would be obliged to charge the jury with respect to whether plaintiff was a trespasser as a matter of law. (See Chernezsky v. City of New York, 86 N. Y. S. 2d 185, affd. 276 App. Div. 995.) In the circumstances a stay is unnecessary. Concur — Botein, P. J., Breitel, Rabin, Valente and Steuer, JJ.

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Bluebook (online)

13 A.D.2d 762, 215 N.Y.S.2d 975, 1961 N.Y. App. Div. LEXIS 10611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clancy-v-erie-railroad-nyappdiv-1961.