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Appellate Division of the Supreme Court of New York, 1915

Meisle v. New York Central & Hudson River Railroad

Meisle v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of New York · Decided May 21, 1915
153 N.Y.S. 1128; 168 A.D. 939; 1915 N.Y. App. Div. LEXIS 8687 (New York Supplement)

Counsel

Robert A. Kutsehback, of New York City, for appellant., Frank X. Sullivan, of New York City, for respondent.

Meisle v. New York Central & Hudson River Railroad

Opinion of the Court

PER CURIAM.

We think there was no evidence to justify the verdict of the jury that the defendant was negligent, or that it could have anticipated such an accident as occurred, and which resulted in the death of the plaintiff’s intestate. The judgment is therefore reversed, with costs, and the complaint dismissed, with costs. Order filed.

LAUGHLIN, J., dissents, and votes for affirmance.

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