New York Court of Appeals, 1946

Somogye v. New York Central Railroad Company

Somogye v. New York Central Railroad Company
New York Court of Appeals · Decided March 7, 1946
66 N.E.2d 301; 295 N.Y. 790; 1946 N.Y. LEXIS 959 (North Eastern Reporter, Second Series)

Somogye v. New York Central Railroad Company

Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond and Dye, JJ. Teacher, J., dissents upon the ground that there was no evidence that the railroad received any consideration for the use of the cars, and, therefore, the transaction must be treated as a gratuitious bailment, and so treated, there was no duty of inspection imposed by law upon the railroad. Medalie, J., deceased.

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