Colombo v. New York Central Railroad

Appellate Division of the Supreme Court of New York

Colombo v. New York Central Railroad

234 A.D. 820

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

DecidedNovember 15, 1931

StatusPublished

This text of 234 A.D. 820 (Colombo v. New York Central 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

Colombo v. New York Central Railroad, 234 A.D. 820 (N.Y. Ct. App. 1931).

Pincite

Opinion

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, upon the grounds: 1. That the finding of negligence on the part of the defendant based upon the lowering of the gate and striking the deceased with the arm is against the weight of the evidence. 2. That the mere fact that the gate struck the deceased, which is all that appears in this record in that respect, is not a sufficient basis for a finding of negligence. 3. That the evidence is not sufficient to make a prima facie case in reference to the negligence [821]*821of the employees of the defendant who were operating the train. All concur. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

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Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, upon the grounds: 1. That the finding of negligence on the part of the defendant based upon the lowering of the gate and striking the deceased with the arm is against the weight of the evidence. 2. That the mere fact that the gate struck the deceased, which is all that appears in this record in that respect, is not a sufficient basis for a finding of negligence. 3. That the evidence is not sufficient to make a prima facie case in reference to the negligence [821]*821of the employees of the defendant who were operating the train. All concur. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

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Bluebook (online)

234 A.D. 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colombo-v-new-york-central-railroad-nyappdiv-1931.