Sito v. Pennsylvania Railroad

Appellate Division of the Supreme Court of New York

Sito v. Pennsylvania Railroad

261 A.D. 909, 26 N.Y.S.2d 500, 1941 N.Y. App. Div. LEXIS 8053

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

DecidedFebruary 3, 1941

StatusPublished

This text of 261 A.D. 909 (Sito v. Pennsylvania 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

Sito v. Pennsylvania Railroad, 261 A.D. 909, 26 N.Y.S.2d 500, 1941 N.Y. App. Div. LEXIS 8053 (N.Y. Ct. App. 1941).

Pincite

Opinion

Action to recover damages for personal injuries suffered by plaintiff, who was wounded by a bullet from a pistol discharged by a railroad police officer employed by the defendant corporation. The complaint alleges actions in negligence, assault, malicious prosecution and false arrest. The jury rendered a verdict in favor of plaintiff, and under motions, decision on which had been reserved, the trial court set the verdict aside and dismissed the complaint. Order setting aside verdict and dismissing the complaint, and judgment entered thereon, affirmed, with costs. No opinion. Lazansky, P. J., Hagarty, Adel and Taylor, JJ., concur; Close, J., concurs except as to dismissal of the complaint, as to which he dissents and votes to grant a new trial.

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Action to recover damages for personal injuries suffered by plaintiff, who was wounded by a bullet from a pistol discharged by a railroad police officer employed by the defendant corporation. The complaint alleges actions in negligence, assault, malicious prosecution and false arrest. The jury rendered a verdict in favor of plaintiff, and under motions, decision on which had been reserved, the trial court set the verdict aside and dismissed the complaint. Order setting aside verdict and dismissing the complaint, and judgment entered thereon, affirmed, with costs. No opinion. Lazansky, P. J., Hagarty, Adel and Taylor, JJ., concur; Close, J., concurs except as to dismissal of the complaint, as to which he dissents and votes to grant a new trial.

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Bluebook (online)

261 A.D. 909, 26 N.Y.S.2d 500, 1941 N.Y. App. Div. LEXIS 8053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sito-v-pennsylvania-railroad-nyappdiv-1941.