Appellate Division of the Supreme Court of New York, 1953

Niagara Junction Railway Co. v. Erie Railroad

Niagara Junction Railway Co. v. Erie Railroad
Appellate Division of the Supreme Court of New York · Decided November 18, 1953
282 A.D. 1009; 126 N.Y.S.2d 207; 1953 N.Y. App. Div. LEXIS 5667
Niagara Junction Railway Co. v. Erie Railroad

Opinion of the Court

Judgment affirmed, with costs. All concur, except Kimball and Piper, JJ., who dissent and vote for reversal and for judgment for plaintiff in the stipulated amount on the ground that the legal presumption cannot be overcome without facts upon which an express contract can be found and no such facts are found here. (Appeal from a judgment dismissing the complaint in an action for breach of contract and trespass.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.