Klein v. Long Island Railroad

Appellate Division of the Supreme Court of New York

Klein v. Long Island Railroad

278 A.D. 980, 105 N.Y.S.2d 999, 1951 N.Y. App. Div. LEXIS 5425

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

DecidedJune 25, 1951

StatusPublished

Cited by6 cases

This text of 278 A.D. 980 (Klein 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

Klein v. Long Island Railroad, 278 A.D. 980, 105 N.Y.S.2d 999, 1951 N.Y. App. Div. LEXIS 5425 (N.Y. Ct. App. 1951).

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Opinion

In ah action jo recover damages by reason of the death of plaintiff’s intestate, allege'd to have been caused by the defendant’s negligence in the operation ,tif one bf its trains, defendant appeals from a judgment in favor bf plaintiff after a trial without a jury. Judgment affirmed, with costs.. (Nóseworthy v: City of New York, 298 K, Y. 76.) Carswell, Sneed áiid MácCrate, JJ.j concur; kplari, P. J., dissents and votes to reverse -the judgment and to. dismiss the complaint, with the following memorandum: In .my opinion the circumstances, surrounding the accident and ijs cause are left entirely to conjecture, and. the facts established are not sufficient to justify ah inference that the accident .was caused by appellant’s negligence. Adél, J., concurs with Hóíáñ, P. <f. [Í99 Mise. 532.]

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In ah action jo recover damages by reason of the death of plaintiff’s intestate, allege'd to have been caused by the defendant’s negligence in the operation ,tif one bf its trains, defendant appeals from a judgment in favor bf plaintiff after a trial without a jury. Judgment affirmed, with costs.. (Nóseworthy v: City of New York, 298 K, Y. 76.) Carswell, Sneed áiid MácCrate, JJ.j concur; kplari, P. J., dissents and votes to reverse -the judgment and to. dismiss the complaint, with the following memorandum: In .my opinion the circumstances, surrounding the accident and ijs cause are left entirely to conjecture, and. the facts established are not sufficient to justify ah inference that the accident .was caused by appellant’s negligence. Adél, J., concurs with Hóíáñ, P. <f. [Í99 Mise. 532.]

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Bluebook (online)

278 A.D. 980, 105 N.Y.S.2d 999, 1951 N.Y. App. Div. LEXIS 5425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-long-island-railroad-nyappdiv-1951.

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