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Liebowitz v. Long Island Railroad

172 A.D. 949 Court N.Y. App. Div. English

Delivered by *950 Laughlin, J.:

Contents

Majority

p. 949
Philip Liebowitz, Respondent, v. The Long Island Railroad Company, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 25th day of June, 1915, upon the verdict of a jury, and also from an order entered on the same day denying a motion for a new trial.

For the reasons given in Liebowitz v. Long Island R. R. Co. (ante, p. 949), decided herewith, I am of opinion that the judgment and order appealed from should be reversed and a new trial ordered, with costs to the appellant to abide the event. Clarke, P. J., concurred; Smith, J., concurred, being further of the opinion that the proof of the defendant’s negligence was not sufficient to go to the jury; Dowling and Davis, JJ., dissented and voted for affirmance. Judgment and order reversed and new trial ordered, with costs to appellant to abide event.