Wiren v. Long Island Railroad

Appellate Division of the Supreme Court of New York

Wiren v. Long Island Railroad

222 A.D. 812

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

DecidedJanuary 15, 1928

StatusPublished

Cited by2 cases

This text of 222 A.D. 812 (Wiren v. Long Island Railroad) 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

Wiren v. Long Island Railroad, 222 A.D. 812 (N.Y. Ct. App. 1928).

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Opinion

Judgment reversed upon the law, on argument, and a new trial granted, costs to abide the event. This court again disapproves of the practice of dismissing complaints on the pleadings and the opening of counsel except where it appears beyond doubt that no question of fact is involved. Here questions of fact were presented. If there were a variance between pleading and statement, plaintiff’s effort toward amendment should have been heeded. Lazansky, P. J., Rich, Young, Kapper and Hagarty, JJ., concur.

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Judgment reversed upon the law, on argument, and a new trial granted, costs to abide the event. This court again disapproves of the practice of dismissing complaints on the pleadings and the opening of counsel except where it appears beyond doubt that no question of fact is involved. Here questions of fact were presented. If there were a variance between pleading and statement, plaintiff’s effort toward amendment should have been heeded. Lazansky, P. J., Rich, Young, Kapper and Hagarty, JJ., concur.

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Bluebook (online)

222 A.D. 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiren-v-long-island-railroad-nyappdiv-1928.

Opinion

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