New York Court of Appeals, 1940

Schlacter v. Dowling

Schlacter v. Dowling
New York Court of Appeals · Decided July 24, 1940
28 N.E.2d 724; 283 N.Y. 721; 1940 N.Y. LEXIS 1155 (North Eastern Reporter, Second Series)
Schlacter v. Dowling

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

*722 Judgment affirmed, with costs. The plaintiff having conceded the correctness of the report of the weather bureau, there was no substantial evidence that the water upon the subway platform was the cause, as plaintiff claimed, of the occurrence which resulted in the death of the intestate. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Sears, Lewis and Conway, JJ. Rippey, J., dissents on the ground a question of fact was presented.

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