Liebowitz v. Long Island Railroad

Appellate Division of the Supreme Court of New York

Liebowitz v. Long Island Railroad

172 A.D. 949

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1916·Published

Opinion

Laughlin, J.:

For the reasons given in Liebowitz v. Long Island R. R. Co. (ante, p. 949), decided herewith, I am of opinion that the judgment and order appealed from should be reversed and a new trial ordered, with costs to the appellant to abide the event. Clarke, P. J., concurred; Smith, J., concurred, being further of the opinion that the proof of the defendant’s negligence was not sufficient to go to the jury; Dowling and Davis, JJ., dissented and voted for affirmance. Judgment and order reversed and new trial ordered, with costs to appellant to abide event.

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Laughlin, J.:

For the reasons given in Liebowitz v. Long Island R. R. Co. (ante, p. 949), decided herewith, I am of opinion that the judgment and order appealed from should be reversed and a new trial ordered, with costs to the appellant to abide the event. Clarke, P. J., concurred; Smith, J., concurred, being further of the opinion that the proof of the defendant’s negligence was not sufficient to go to the jury; Dowling and Davis, JJ., dissented and voted for affirmance. Judgment and order reversed and new trial ordered, with costs to appellant to abide event.

Liebowitz v. Long Island Railroad, 172 A.D. 949 (N.Y. Ct. App. 1916).

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