Loewenstein v. Boston, New York & Southern Steamship Co.

Appellate Division of the Supreme Court of New York

Loewenstein v. Boston, New York & Southern Steamship Co.

253 A.D. 743, 300 N.Y.S. 972, 1937 N.Y. App. Div. LEXIS 5424

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

DecidedDecember 17, 1937

StatusPublished

This text of 253 A.D. 743 (Loewenstein v. Boston, New York & Southern Steamship Co.) 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

Loewenstein v. Boston, New York & Southern Steamship Co., 253 A.D. 743, 300 N.Y.S. 972, 1937 N.Y. App. Div. LEXIS 5424 (N.Y. Ct. App. 1937).

Pincite

Opinion

In an action to recover damages for personal injuries sustained by respondent while he was a passenger on appellant’s steamship, as the result of an assault committed upon him by other passengers, who were intoxicated, order for an examination of defendant before trial modified so as to provide that clause d of the first ordering paragraph shall read as follows: “ That defendant failed and omitted to provide safeguards and to take measures to protect passengers from injury by other passengers; ” and (2) by striking therefrom the second ordering paragraph, which directs defendant to produce records of disorders and assaults, if any, for one year prior to July 24, 1937, for the purpose of refreshing the recollection of the witness being examined; and as thus modified affirmed, without costs, the examination to proceed on five days’ notice. In our opinion the order as thus modified will be in accordance with the law relating to such examinations. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.

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In an action to recover damages for personal injuries sustained by respondent while he was a passenger on appellant’s steamship, as the result of an assault committed upon him by other passengers, who were intoxicated, order for an examination of defendant before trial modified so as to provide that clause d of the first ordering paragraph shall read as follows: “ That defendant failed and omitted to provide safeguards and to take measures to protect passengers from injury by other passengers; ” and (2) by striking therefrom the second ordering paragraph, which directs defendant to produce records of disorders and assaults, if any, for one year prior to July 24, 1937, for the purpose of refreshing the recollection of the witness being examined; and as thus modified affirmed, without costs, the examination to proceed on five days’ notice. In our opinion the order as thus modified will be in accordance with the law relating to such examinations. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.

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Bluebook (online)

253 A.D. 743, 300 N.Y.S. 972, 1937 N.Y. App. Div. LEXIS 5424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loewenstein-v-boston-new-york-southern-steamship-co-nyappdiv-1937.