Toal v. International Railway Co.

Appellate Division of the Supreme Court of New York

Toal v. International Railway Co.

243 A.D. 678

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

DecidedJanuary 15, 1935

StatusPublished

This text of 243 A.D. 678 (Toal v. International Railway 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

Toal v. International Railway Co., 243 A.D. 678 (N.Y. Ct. App. 1935).

Pincite

Opinion

Judgment and order affirmed, with costs. All concur, except Taylor, J., who dissents and votes for reversal on the law and for granting a new trial on the ground that defendant’s negligence and contributory negligence in the decedent were fair questions of fact; and especially on the ground that the jury would have been entitled to find that defendant was guilty of causative negligence in having violated section 178-a of the Railroad Law. (The judgment dismisses the complaint in an automobile negligence action. The order denies a motion for a new trial on the minutes.)

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Judgment and order affirmed, with costs. All concur, except Taylor, J., who dissents and votes for reversal on the law and for granting a new trial on the ground that defendant’s negligence and contributory negligence in the decedent were fair questions of fact; and especially on the ground that the jury would have been entitled to find that defendant was guilty of causative negligence in having violated section 178-a of the Railroad Law. (The judgment dismisses the complaint in an automobile negligence action. The order denies a motion for a new trial on the minutes.)

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Bluebook (online)

243 A.D. 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toal-v-international-railway-co-nyappdiv-1935.