Walek v. New York Central Railroad

Appellate Division of the Supreme Court of New York

Walek v. New York Central Railroad

259 A.D. 957, 20 N.Y.S.2d 485, 1940 N.Y. App. Div. LEXIS 7429

Appellate Division of the Supreme Court of the State of New York·Decided May 28, 1940·Published

Opinion

Appeal from the order and judgment of non-suit at the close of plaintiff’s case. Plaintiff’s intestate was struck by the Empire State Express while he was upon defendant’s tracks at Amsterdam. The evidence did not establish the right to recovery. (Gleason v. Central N. E. Ry. Co., 261 N. Y. 333; Skzypek v. Long Island R. R. Co., 275 id. 508; Zambardi v. South Brooklyn Ry. Co., 281 id. 516.) Judgment and order unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Heffernan, Sehenck and Foster, JJ.

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Appeal from the order and judgment of non-suit at the close of plaintiff’s case. Plaintiff’s intestate was struck by the Empire State Express while he was upon defendant’s tracks at Amsterdam. The evidence did not establish the right to recovery. (Gleason v. Central N. E. Ry. Co., 261 N. Y. 333; Skzypek v. Long Island R. R. Co., 275 id. 508; Zambardi v. South Brooklyn Ry. Co., 281 id. 516.) Judgment and order unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Heffernan, Sehenck and Foster, JJ.

Walek v. New York Central Railroad, 259 A.D. 957, 20 N.Y.S.2d 485, 1940 N.Y. App. Div. LEXIS 7429 (N.Y. Ct. App. 1940).

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Opinion

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