Gerren v. New York, Chicago & St. Louis Railroad

Appellate Division of the Supreme Court of New York

Gerren v. New York, Chicago & St. Louis Railroad

13 A.D.2d 892, 214 N.Y.S.2d 931, 1961 N.Y. App. Div. LEXIS 10984

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

DecidedMay 11, 1961

StatusPublished

This text of 13 A.D.2d 892 (Gerren v. New York, Chicago & St. Louis 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

Gerren v. New York, Chicago & St. Louis Railroad, 13 A.D.2d 892, 214 N.Y.S.2d 931, 1961 N.Y. App. Div. LEXIS 10984 (N.Y. Ct. App. 1961).

Pincite

Opinion

Judgment insofar as it relates to defendant Van Dyke Taxi and Transfer, Inc., unanimously affirmed, without costs of this appeal to either party; judgment insofar as it relates to defendant New York, Chicago & St. Louis Railroad Company, unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: A question of fact was presented which should have been submitted to the jury, as to whether the defendant railroad company was negligent. (Appeal from judgment of .Erie Trial Term dismissing the complaint on motions made at the close of plaintiff’s case.) Present—Williams, P. J., Goldman, Halpern, MeClusky and Henry, JJ.

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Judgment insofar as it relates to defendant Van Dyke Taxi and Transfer, Inc., unanimously affirmed, without costs of this appeal to either party; judgment insofar as it relates to defendant New York, Chicago & St. Louis Railroad Company, unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: A question of fact was presented which should have been submitted to the jury, as to whether the defendant railroad company was negligent. (Appeal from judgment of .Erie Trial Term dismissing the complaint on motions made at the close of plaintiff’s case.) Present—Williams, P. J., Goldman, Halpern, MeClusky and Henry, JJ.

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Bluebook (online)

13 A.D.2d 892, 214 N.Y.S.2d 931, 1961 N.Y. App. Div. LEXIS 10984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerren-v-new-york-chicago-st-louis-railroad-nyappdiv-1961.