See v. New York Central Railroad Co.

Appellate Division of the Supreme Court of New York

See v. New York Central Railroad Co.

260 A.D. 976, 23 N.Y.S.2d 238, 1940 N.Y. App. Div. LEXIS 5669

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

DecidedNovember 20, 1940

StatusPublished

This text of 260 A.D. 976 (See v. New York Central Railroad Co.) 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

See v. New York Central Railroad Co., 260 A.D. 976, 23 N.Y.S.2d 238, 1940 N.Y. App. Div. LEXIS 5669 (N.Y. Ct. App. 1940).

Pincite

Opinion

This action is in negligence to recover damages for the death of plaintiff’s husband, which occured on April 19,1940. The answer in addition to a general denial alleges as a defense that the accident occurred and the injuries were sustained while plaintiff’s intestate was using a pass containing a provision releasing the defendant from damages because of negligence. Plaintiff moved to strike out the separate defense and the Special Term denied the application. Order unanimously affirmed, without costs. Present — Hill, P. J., Bliss, Heffernan, Schenck and Poster, JJ.

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This action is in negligence to recover damages for the death of plaintiff’s husband, which occured on April 19,1940. The answer in addition to a general denial alleges as a defense that the accident occurred and the injuries were sustained while plaintiff’s intestate was using a pass containing a provision releasing the defendant from damages because of negligence. Plaintiff moved to strike out the separate defense and the Special Term denied the application. Order unanimously affirmed, without costs. Present — Hill, P. J., Bliss, Heffernan, Schenck and Poster, JJ.

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Bluebook (online)

260 A.D. 976, 23 N.Y.S.2d 238, 1940 N.Y. App. Div. LEXIS 5669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/see-v-new-york-central-railroad-co-nyappdiv-1940.