New York Court of Appeals, 1944

Ralff v. Long Island Rail Road Company

Ralff v. Long Island Rail Road Company
New York Court of Appeals · Decided April 20, 1944
55 N.E.2d 518; 292 N.Y. 656; 1944 N.Y. LEXIS 1813 (North Eastern Reporter, Second Series)
Ralff v. Long Island Rail Road Company

Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: LEHMAN, Ch. J., LEWIS, CONWAY and THACHER, JJ. LOUGHRAN and DESMOND, JJ., dissent on the ground, under the circumstances here shown, the jury was justified in holding it to be negligence for the flagman to order plaintiff and his playmates off the train after it was in motion. Taking no part: RIPPEY, J.

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