Romain v. Long Island Railroad

Appellate Division of the Supreme Court of New York

Romain v. Long Island Railroad

152 A.D. 891

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

DecidedJuly 15, 1912

StatusPublished

This text of 152 A.D. 891 (Romain v. Long Island 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

Romain v. Long Island Railroad, 152 A.D. 891 (N.Y. Ct. App. 1912).

Pincite

Opinion

Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that unless there was no headlight burning upon the locomotive of the train which struck plaintiff, he has not shown himself to be free from negligence contributing to the injury. The absence of such headlight is not only not established by a fair preponderance of evidence, but the great weight of disinterested testimony is to the contrary, and that such light was burning. Burr, Thomas, Woodward and Rich, JJ., concurred; Jenks, P. J., not voting.

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Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that unless there was no headlight burning upon the locomotive of the train which struck plaintiff, he has not shown himself to be free from negligence contributing to the injury. The absence of such headlight is not only not established by a fair preponderance of evidence, but the great weight of disinterested testimony is to the contrary, and that such light was burning. Burr, Thomas, Woodward and Rich, JJ., concurred; Jenks, P. J., not voting.

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Bluebook (online)

152 A.D. 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romain-v-long-island-railroad-nyappdiv-1912.