O'Loughlin v. Pennsylvania Railroad

Appellate Division of the Supreme Court of New York

O'Loughlin v. Pennsylvania Railroad

272 A.D.2d 1018

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

DecidedOctober 6, 1947

StatusPublished

This text of 272 A.D.2d 1018 (O'Loughlin v. Pennsylvania 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

O'Loughlin v. Pennsylvania Railroad, 272 A.D.2d 1018 (N.Y. Ct. App. 1947).

Pincite

Opinion

In an action to recover damages for wrongful death as the result of plaintiff’s intestate having been precipitated from one of defendant’s trains because of an alleged defect in a safety latch of a vestibule door, the jury returned a verdict for plaintiff. The trial court set the verdict aside and dismissed the complaint on the grounds that there was no evidence of negligence and that plaintiff’s intestate was guilty of contributory negligence as a matter of law. Order setting aside the verdict and dismissing the complaint, and the judgment entered thereon, unanimously affirmed, with costs. No opinion. Present — Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ. [See post, p. 1063.]

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In an action to recover damages for wrongful death as the result of plaintiff’s intestate having been precipitated from one of defendant’s trains because of an alleged defect in a safety latch of a vestibule door, the jury returned a verdict for plaintiff. The trial court set the verdict aside and dismissed the complaint on the grounds that there was no evidence of negligence and that plaintiff’s intestate was guilty of contributory negligence as a matter of law. Order setting aside the verdict and dismissing the complaint, and the judgment entered thereon, unanimously affirmed, with costs. No opinion. Present — Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ. [See post, p. 1063.]

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Bluebook (online)

272 A.D.2d 1018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oloughlin-v-pennsylvania-railroad-nyappdiv-1947.