Appellate Terms of the Supreme Court of New York, 1947

Gnos v. Long Island Rail Road

Appellate Terms of the Supreme Court of New York · Decided October 16, 1947

190 Misc. 116; 76 N.Y.S.2d 434; 1947 N.Y. Misc. LEXIS 3601

Counsel

David J. Mount an, Jr., and Louis J. Carruthers for appellant., Francis J. Gaff rey for respondent.

Opinion of the Court

Per Curiam.

Memorandum Plaintiff’s attempt to board the train under the circumstances disclosed was, in law, a negligent act which contributed to the happening of the accident. (Cf. Solomon v. Manhattan Ry. Co., 103 N. Y. 437.)

The judgment should be unanimously reversed upon the law and facts, with $30 costs to defendant, and complaint dismissed, with appropriate costs in the court below.

MacCbate, Steinbrink and Fennelly, JJ., concur.

Judgment reversed, etc.

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