Stors v. Long Island Rail Road

Appellate Division of the Supreme Court of New York

Stors v. Long Island Rail Road

264 A.D. 905, 36 N.Y.S.2d 247, 1942 N.Y. App. Div. LEXIS 5320

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

DecidedJune 29, 1942

StatusPublished

This text of 264 A.D. 905 (Stors v. Long Island Rail Road) 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

Stors v. Long Island Rail Road, 264 A.D. 905, 36 N.Y.S.2d 247, 1942 N.Y. App. Div. LEXIS 5320 (N.Y. Ct. App. 1942).

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Opinion

Action to recover damages for the wrongful death of plaintiff’s intestate wherein it is alleged that he was negligently struck and killed by a train. Resettled order denying motion for further examination before trial of defendant as an adverse party, by certain of its motormen, conductors and guards, reversed on the facts, without costs, and motion granted to the extent of directing the examination of all of the engineers available who operated east-bound trains which arrived at the Nostrand Avenue station at four-ñve, four-thirteen, four-twenty-two, four-thirty-two and four-forty-three p. m. on October 17, 1940, as to ah the relevant and competent facts [906]*906concerning the operation of such trains with respect to their contact, if any, with the body of the decedent at the track area adjoining the platform of that station- and otherwise denied, without costs, the examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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Action to recover damages for the wrongful death of plaintiff’s intestate wherein it is alleged that he was negligently struck and killed by a train. Resettled order denying motion for further examination before trial of defendant as an adverse party, by certain of its motormen, conductors and guards, reversed on the facts, without costs, and motion granted to the extent of directing the examination of all of the engineers available who operated east-bound trains which arrived at the Nostrand Avenue station at four-ñve, four-thirteen, four-twenty-two, four-thirty-two and four-forty-three p. m. on October 17, 1940, as to ah the relevant and competent facts [906]*906concerning the operation of such trains with respect to their contact, if any, with the body of the decedent at the track area adjoining the platform of that station- and otherwise denied, without costs, the examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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Bluebook (online)

264 A.D. 905, 36 N.Y.S.2d 247, 1942 N.Y. App. Div. LEXIS 5320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stors-v-long-island-rail-road-nyappdiv-1942.