Appellate Division of the Supreme Court of New York, 1946

Loughlin v. City of New York

Loughlin v. City of New York
Appellate Division of the Supreme Court of New York · Decided May 13, 1946
270 A.D. 941; 62 N.Y.S.2d 35; 1946 N.Y. App. Div. LEXIS 4792
Loughlin v. City of New York

Opinion of the Court

Action to recover damages for personal injuries suffered as a consequence of a fall on a wet subway platform. Plaintiff recovered a judgment and defendant appeals. Judgment reversed on the law, with costs, and the complaint dismissed on the law, with costs. The findings of fact implicit in the verdict are affirmed. No negligence on the part of the defendant was established. (Brand V. Inter-borough B. T. Go., 249 App. Div. 630, affd. 273 N. Y. 658; Abair v. City of New York, 295 N. Y. 789; Boettcher v. Dowling, 270 N. Y. 557.) The case.of Bordes v. Murray (284 N. Y. 761) is not to the contrary and may be distinguished on its facts. Lewis, P. J., Carswell, Adel, Aldrich and Nolan, JJ., concur. [See post, p. 1025.]

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