O'Connor v. New York Central Railroad

Appellate Division of the Supreme Court of New York

O'Connor v. New York Central Railroad

254 A.D. 930, 6 N.Y.S.2d 747, 1938 N.Y. App. Div. LEXIS 8339

Appellate Division of the Supreme Court of the State of New York·Decided June 28, 1938·Published

Opinion

Judgment affirmed, with costs. All concur, except Crosby and Dowling, JJ., who dissent and vote for reversal on the law on the ground that the finding that there was any actionable negligence on the part of the defendant is contrary to the evidence. (The judgment is for plaintiff in an action for property damage to an automobile and damages for loss of services of and medical attendance for plaintiff’s wife resulting from an automobile collision caused by smoke from burning ties.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Judgment affirmed, with costs. All concur, except Crosby and Dowling, JJ., who dissent and vote for reversal on the law on the ground that the finding that there was any actionable negligence on the part of the defendant is contrary to the evidence. (The judgment is for plaintiff in an action for property damage to an automobile and damages for loss of services of and medical attendance for plaintiff’s wife resulting from an automobile collision caused by smoke from burning ties.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

O'Connor v. New York Central Railroad, 254 A.D. 930, 6 N.Y.S.2d 747, 1938 N.Y. App. Div. LEXIS 8339 (N.Y. Ct. App. 1938).

Pincite

254 A.D. 930 (O'Connor v. New York Central Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.