New York Court of Appeals, 1949

Keeler v. Long Island Rail Road Company

Keeler v. Long Island Rail Road Company
New York Court of Appeals · Decided April 20, 1949
86 N.E.2d 180; 299 N.Y. 621; 1949 N.Y. LEXIS 1078 (North Eastern Reporter, Second Series)

Keeler v. Long Island Rail Road Company

Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Fuld and Bromley, JJ. Conway and Dye, JJ., dissent and vote to reverse and grant a new trial upon the following grounds: (1) that there was a question of fact presented as to whether the accident was one which should reasonably have been foreseen by the defendant, (2) that there was a question of fact as to whether the covering of the third rail was adequate in view of the fact that plaintiff’s intestate was crossing from a path closely paralleling this dangerous death-dealing instrumentality alongside railroad tracks in which grass and weeds had been permitted to grow, and (3) that it was error to exclude proof of a prior similar accident within 300 feet of the place of the instant accident in which another boy had been injured under similar circumstances.

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