Ramsey v. New York Central Railroad

Appellate Division of the Supreme Court of New York

Ramsey v. New York Central Railroad

243 A.D. 853

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

DecidedMarch 15, 1935

StatusPublished

This text of 243 A.D. 853 (Ramsey v. New York Central 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

Ramsey v. New York Central Railroad, 243 A.D. 853 (N.Y. Ct. App. 1935).

Pincite

Opinion

Judgment affirmed, with costs. Memorandum: The evidence conclusively shows that the crane operator, Koch, was at the time of the accident in the employ of the Kenmore Construction Company and was its ad hoc employee, and not the employee of the defendant, and further that there is no evidence of negligence shown upon Koch’s part. All concur, except Sears, P. J., who dissents and votes for reversal on the law and a new trial on the ground that the negligence of the crane operator, Koch, as well as his employment, were questions of fact. (The judgment grants a nonsuit in an action to recover for injuries sustained while unloading a car.) Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.

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Judgment affirmed, with costs. Memorandum: The evidence conclusively shows that the crane operator, Koch, was at the time of the accident in the employ of the Kenmore Construction Company and was its ad hoc employee, and not the employee of the defendant, and further that there is no evidence of negligence shown upon Koch’s part. All concur, except Sears, P. J., who dissents and votes for reversal on the law and a new trial on the ground that the negligence of the crane operator, Koch, as well as his employment, were questions of fact. (The judgment grants a nonsuit in an action to recover for injuries sustained while unloading a car.) Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.

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Bluebook (online)

243 A.D. 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsey-v-new-york-central-railroad-nyappdiv-1935.