Appellate Division of the Supreme Court of New York, 1913

U. S. Leasing & Holding Co. v. New York Central & Hudson River Railroad

U. S. Leasing & Holding Co. v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of New York · Decided July 15, 1913
158 A.D. 875
U. S. Leasing & Holding Co. v. New York Central & Hudson River Railroad

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Per Curiam:

The plaintiff neither alleged nor proved that the railroad was operated negligently or unreasonably. There is no finding of negligent or unreasonable use. The case is almost identical with Friedman v. N. Y. & Harlem R. R. Co. (89 App. Div. 38; affd., 180 N. Y. 550). (See, also, McCarty v. Natural Carbonic Gas Co., 189 N. Y. 40.) The judgment should be reversed and complaint dismissed, with costs. Present— Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ. Judgment reversed, with costs, and complaint dismissed, with cost 3. Order to be settled on notice.

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