Spurge v. Long Island Rail Road

Appellate Division of the Supreme Court of New York

Spurge v. Long Island Rail Road

261 A.D. 825, 26 N.Y.S.2d 499, 1941 N.Y. App. Div. LEXIS 7626

Appellate Division of the Supreme Court of the State of New York·Decided January 6, 1941·Published

Opinion

Action to recover damages for personal injuries sustained in stepping from defendant’s railroad train to a retaining wall at the time of an emergency [826]*826due to a storm. Judgment reversed on the law, with costs, and complaint dismissed on the law, with costs, on the ground that plaintiff was guilty of contributory negligence as a matter of law. Appeal from order denying defendant’s motion to set aside the verdict and for a new trial dismissed, without costs. Johnston, Adel and Taylor, JJ., concur; Lazansky, P. J., and Close, J., dissent and vote to affirm the judgment and order on the ground that the case presented issues of negligence and contributory negligence to be decided by the jury.

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Action to recover damages for personal injuries sustained in stepping from defendant’s railroad train to a retaining wall at the time of an emergency [826]*826due to a storm. Judgment reversed on the law, with costs, and complaint dismissed on the law, with costs, on the ground that plaintiff was guilty of contributory negligence as a matter of law. Appeal from order denying defendant’s motion to set aside the verdict and for a new trial dismissed, without costs. Johnston, Adel and Taylor, JJ., concur; Lazansky, P. J., and Close, J., dissent and vote to affirm the judgment and order on the ground that the case presented issues of negligence and contributory negligence to be decided by the jury.

Spurge v. Long Island Rail Road, 261 A.D. 825, 26 N.Y.S.2d 499, 1941 N.Y. App. Div. LEXIS 7626 (N.Y. Ct. App. 1941).

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261 A.D. 825 (Spurge v. Long Island Rail Road) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.