McHenry v. Long Island Rail Road Co.

Appellate Division of the Supreme Court of New York

McHenry v. Long Island Rail Road Co.

21 A.D.2d 833, 252 N.Y.S.2d 298, 1964 N.Y. App. Div. LEXIS 3409

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

DecidedJune 29, 1964

StatusPublished

This text of 21 A.D.2d 833 (McHenry v. Long Island Rail Road 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

McHenry v. Long Island Rail Road Co., 21 A.D.2d 833, 252 N.Y.S.2d 298, 1964 N.Y. App. Div. LEXIS 3409 (N.Y. Ct. App. 1964).

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Opinion

In a negligence action by a wife and her husband to recover damages for personal injury, loss of services, etc., the defendant appeals: (a) from a judgment of the Supreme Court, Nassau County, entered January 8, 1964 after trial, upon a jury’s verdict in favor of the plaintiffs; and (b) from an order of said court, dated December 30, 1963, which denied defendant’s motion to set aside the verdict (CPLR 4404). Judgment and order affirmed, with one bill of costs. No opinion. Kleinfeld, Brennan and Hopkins, JJ., concur; Ughetta, Acting P. J., and Hill, J., dissent and vote to reverse the judgment and to dismiss the complaint, with the following memorandum: In our opinion, plaintiffs failed to establish a prima facie case; they failed to show freedom from contributory negligence or actionable negligence on the part of the defendant (cf. White v. Lehigh Val. R. R. Co., 220 N. Y. 131; Goldstein v. New York Cent. R. R. Co., 19 A D 2d 835).

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In a negligence action by a wife and her husband to recover damages for personal injury, loss of services, etc., the defendant appeals: (a) from a judgment of the Supreme Court, Nassau County, entered January 8, 1964 after trial, upon a jury’s verdict in favor of the plaintiffs; and (b) from an order of said court, dated December 30, 1963, which denied defendant’s motion to set aside the verdict (CPLR 4404). Judgment and order affirmed, with one bill of costs. No opinion. Kleinfeld, Brennan and Hopkins, JJ., concur; Ughetta, Acting P. J., and Hill, J., dissent and vote to reverse the judgment and to dismiss the complaint, with the following memorandum: In our opinion, plaintiffs failed to establish a prima facie case; they failed to show freedom from contributory negligence or actionable negligence on the part of the defendant (cf. White v. Lehigh Val. R. R. Co., 220 N. Y. 131; Goldstein v. New York Cent. R. R. Co., 19 A D 2d 835).

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Bluebook (online)

21 A.D.2d 833, 252 N.Y.S.2d 298, 1964 N.Y. App. Div. LEXIS 3409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mchenry-v-long-island-rail-road-co-nyappdiv-1964.

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