New York Court of Appeals, 1947

Neary v. Middlesex Transportation Co., Inc.

Neary v. Middlesex Transportation Co., Inc.
New York Court of Appeals · Decided January 16, 1947
72 N.E.2d 12; 296 N.Y. 818; 1947 N.Y. LEXIS 1595 (North Eastern Reporter, Second Series)

Neary v. Middlesex Transportation Co., Inc.

Opinion of the Court

As to Middlesex Transportation Co., Inc.: Judgments reversed and complaint dismissed, with costs in all courts, upon the ground that there was no evidence of wanton or reckless misconduct on the part of that defendant.

Concur: Loughran, Ch. J., Lewis, Thacher and Dye, JJ. Dissent: Conway, Desmond and Fuld, JJ.

As to the defendant Fred J. Parisi: Judgment affirmed, with costs. No opinion.

Concur: Loughran, Ch. J., Conway, Desmond, Thacher and Fuld, JJ. Dissenting: Lewis and Dye, JJ.

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