Johnson v. Long Island Railroad

Appellate Division of the Supreme Court of New York

Johnson v. Long Island Railroad

61 N.Y.S. 1139

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

DecidedJuly 1, 1899

StatusPublished

This text of 61 N.Y.S. 1139 (Johnson v. Long Island 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

Johnson v. Long Island Railroad, 61 N.Y.S. 1139 (N.Y. Ct. App. 1899).

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Opinion

PER CURIAM.

While the right to maintain is action in its present form is not free from oubt,_ still, as it is brought in accordance with re view expressed by us on the prior appeal Iontauk Tribe of Indians v. Railroad Co., 51 N. Y. Supp. 142), we think we should adhere our former decision, and allow the question be finally determined by the court of appeals, terlocutory judgment reversed, and judgment rented for plaintiff on demurrer, with costs, th leave to the defendant to withdraw demur-r and serve answer on payment, within 20 vs, of the costs of the demurrer and of this peak Leave is also granted to the defendant appeal from this judgment to the court of eals. All concur, except BARTLETT, J., o is of the opinion that the complaint in the present action is not framed in accordance with the views expressed by this court in its previous decision.

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PER CURIAM.

While the right to maintain is action in its present form is not free from oubt,_ still, as it is brought in accordance with re view expressed by us on the prior appeal Iontauk Tribe of Indians v. Railroad Co., 51 N. Y. Supp. 142), we think we should adhere our former decision, and allow the question be finally determined by the court of appeals, terlocutory judgment reversed, and judgment rented for plaintiff on demurrer, with costs, th leave to the defendant to withdraw demur-r and serve answer on payment, within 20 vs, of the costs of the demurrer and of this peak Leave is also granted to the defendant appeal from this judgment to the court of eals. All concur, except BARTLETT, J., o is of the opinion that the complaint in the present action is not framed in accordance with the views expressed by this court in its previous decision.

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Bluebook (online)

61 N.Y.S. 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-long-island-railroad-nyappdiv-1899.

Opinion

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