Loughlin v. City of New York

Appellate Division of the Supreme Court of New York

Loughlin v. City of New York

270 A.D. 941, 62 N.Y.S.2d 35, 1946 N.Y. App. Div. LEXIS 4792

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

DecidedMay 13, 1946

StatusPublished

This text of 270 A.D. 941 (Loughlin v. City of New York) 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

Loughlin v. City of New York, 270 A.D. 941, 62 N.Y.S.2d 35, 1946 N.Y. App. Div. LEXIS 4792 (N.Y. Ct. App. 1946).

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Opinion

Action to recover damages for personal injuries suffered as a consequence of a fall on a wet subway platform. Plaintiff recovered a judgment and defendant appeals. Judgment reversed on the law, with costs, and the complaint dismissed on the law, with costs. The findings of fact implicit in the verdict are affirmed. No negligence on the part of the defendant was established. (Brand V. Inter-borough B. T. Go., 249 App. Div. 630, affd. 273 N. Y. 658; Abair v. City of New York, 295 N. Y. 789; Boettcher v. Dowling, 270 N. Y. 557.) The case.of Bordes v. Murray (284 N. Y. 761) is not to the contrary and may be distinguished on its facts. Lewis, P. J., Carswell, Adel, Aldrich and Nolan, JJ., concur. [See post, p. 1025.]

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Action to recover damages for personal injuries suffered as a consequence of a fall on a wet subway platform. Plaintiff recovered a judgment and defendant appeals. Judgment reversed on the law, with costs, and the complaint dismissed on the law, with costs. The findings of fact implicit in the verdict are affirmed. No negligence on the part of the defendant was established. (Brand V. Inter-borough B. T. Go., 249 App. Div. 630, affd. 273 N. Y. 658; Abair v. City of New York, 295 N. Y. 789; Boettcher v. Dowling, 270 N. Y. 557.) The case.of Bordes v. Murray (284 N. Y. 761) is not to the contrary and may be distinguished on its facts. Lewis, P. J., Carswell, Adel, Aldrich and Nolan, JJ., concur. [See post, p. 1025.]

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Bluebook (online)

270 A.D. 941, 62 N.Y.S.2d 35, 1946 N.Y. App. Div. LEXIS 4792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loughlin-v-city-of-new-york-nyappdiv-1946.

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