Toal v. International Railway Co.

Appellate Division of the Supreme Court of New York

Toal v. International Railway Co.

243 A.D. 678

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1935·Published

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.)

Free access — add to your briefcase to read the full text and ask questions with AI

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.)

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

Pincite

243 A.D. 678 (Toal v. International Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.