Sadlier v. Delaware, Lackawanna & Western Railroad

Appellate Division of the Supreme Court of New York

Sadlier v. Delaware, Lackawanna & Western Railroad

246 A.D. 826

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1936·Published

Opinion

Action for wrongful death as a consequence of an automobile, driven by decedent, coming in contact with a steel pillar maintained by the defendant on the sidewalk of a street in Jersey City pursuant to statutory authority, which pillar, plaintiff claimed, should have been marked with black and white stripes. Judgment dismissing the complaint at the close of plaintiff’s case unanimously affirmed, with costs. The pertinent New Jersey decisions require this result. (Lorentz v. Public Service Ry. Co., 103 N. J. L. 104; Denzer v. D., L. & W. R. R. Co., Id. 95.) Present — Young, Carswell, Davis, Adel and Taylor, JJ.

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Action for wrongful death as a consequence of an automobile, driven by decedent, coming in contact with a steel pillar maintained by the defendant on the sidewalk of a street in Jersey City pursuant to statutory authority, which pillar, plaintiff claimed, should have been marked with black and white stripes. Judgment dismissing the complaint at the close of plaintiff’s case unanimously affirmed, with costs. The pertinent New Jersey decisions require this result. (Lorentz v. Public Service Ry. Co., 103 N. J. L. 104; Denzer v. D., L. & W. R. R. Co., Id. 95.) Present — Young, Carswell, Davis, Adel and Taylor, JJ.

Sadlier v. Delaware, Lackawanna & Western Railroad, 246 A.D. 826 (N.Y. Ct. App. 1936).

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