Panettieri v. City of New York

Appellate Division of the Supreme Court of New York

Panettieri v. City of New York

271 A.D.2d 881

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

DecidedDecember 9, 1946

StatusPublished

This text of 271 A.D.2d 881 (Panettieri 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

Panettieri v. City of New York, 271 A.D.2d 881 (N.Y. Ct. App. 1946).

Pincite

Opinion

In this action to recover damages for the alleged negligence of respondent, causing decedent’s death, appellant claimed that respondent was negligent in failing to provide an embankment or fence between its tracks and a public highway "high enough and with barbed wire to prevent a child from climbing over.” Appellant’s intestate, an infant almost thirteen years of age, climbed a fence about five feet in height between a public highway and respondent’s tracks, climbed a freight car and was electrocuted when he came in contact with a catenary wire above the freight car. Judgment in favor of respondent, entered on the trial court’s order, dismissing the complaint after trial, unanimously affirmed, with costs. No opinion. Present — -Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ. [See post, p. 976.]

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In this action to recover damages for the alleged negligence of respondent, causing decedent’s death, appellant claimed that respondent was negligent in failing to provide an embankment or fence between its tracks and a public highway "high enough and with barbed wire to prevent a child from climbing over.” Appellant’s intestate, an infant almost thirteen years of age, climbed a fence about five feet in height between a public highway and respondent’s tracks, climbed a freight car and was electrocuted when he came in contact with a catenary wire above the freight car. Judgment in favor of respondent, entered on the trial court’s order, dismissing the complaint after trial, unanimously affirmed, with costs. No opinion. Present — -Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ. [See post, p. 976.]

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Bluebook (online)

271 A.D.2d 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/panettieri-v-city-of-new-york-nyappdiv-1946.