Niagara Junction Railway Co. v. Erie Railroad

Appellate Division of the Supreme Court of New York

Niagara Junction Railway Co. v. Erie Railroad

282 A.D. 1009, 126 N.Y.S.2d 207, 1953 N.Y. App. Div. LEXIS 5667

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

DecidedNovember 18, 1953

StatusPublished

This text of 282 A.D. 1009 (Niagara Junction Railway Co. v. Erie 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

Niagara Junction Railway Co. v. Erie Railroad, 282 A.D. 1009, 126 N.Y.S.2d 207, 1953 N.Y. App. Div. LEXIS 5667 (N.Y. Ct. App. 1953).

Pincite

Opinion

Judgment affirmed, with costs. All concur, except Kimball and Piper, JJ., who dissent and vote for reversal and for judgment for plaintiff in the stipulated amount on the ground that the legal presumption cannot be overcome without facts upon which an express contract can be found and no such facts are found here. (Appeal from a judgment dismissing the complaint in an action for breach of contract and trespass.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Judgment affirmed, with costs. All concur, except Kimball and Piper, JJ., who dissent and vote for reversal and for judgment for plaintiff in the stipulated amount on the ground that the legal presumption cannot be overcome without facts upon which an express contract can be found and no such facts are found here. (Appeal from a judgment dismissing the complaint in an action for breach of contract and trespass.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Bluebook (online)

282 A.D. 1009, 126 N.Y.S.2d 207, 1953 N.Y. App. Div. LEXIS 5667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niagara-junction-railway-co-v-erie-railroad-nyappdiv-1953.