Lewis v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of New York

Lewis v. Brooklyn Heights Railroad

161 A.D. 943, 146 N.Y.S. 1097

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

DecidedFebruary 15, 1914

StatusPublished

This text of 161 A.D. 943 (Lewis v. Brooklyn Heights 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

Lewis v. Brooklyn Heights Railroad, 161 A.D. 943, 146 N.Y.S. 1097 (N.Y. Ct. App. 1914).

Pincite

Opinion

— Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that the preponderance of evidence shows that the flat car was lighted, and that the relative positions of the cars was not such as made rule Ho. 41 applicable. Jenks, P. J., Burr and Stapleton, JJ., concurred; Thomas and Rich, JJ., voted to affirm, upon the ground that rule Ho. 41 was applicable, and that violation of that rule was sufficient to justify the finding of negligence in the defendant.

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— Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that the preponderance of evidence shows that the flat car was lighted, and that the relative positions of the cars was not such as made rule Ho. 41 applicable. Jenks, P. J., Burr and Stapleton, JJ., concurred; Thomas and Rich, JJ., voted to affirm, upon the ground that rule Ho. 41 was applicable, and that violation of that rule was sufficient to justify the finding of negligence in the defendant.

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Bluebook (online)

161 A.D. 943, 146 N.Y.S. 1097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-brooklyn-heights-railroad-nyappdiv-1914.