Peterson v. Ocean Electric Railway Co. — 214 N.Y. 605

Majority

p. 605

Ernest E. Peterson, Appellant, v. The Ocean Electric Railway Company, Respondent.

(Argued January 13, 1915;

decided January 26, 1915.)

Headnote

Peterson v. Ocean Electric Railway Co., 161 App. Div. 730 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 24, 1914, upon an order reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for.loss of services and expenses alleged to have been sustained by .plaintiff by reason of. personal injuries sustained by his wife through the defendant’s negligence.

Albert Haight and Louis Sleekier for appellant.

Alfred A. Gardner and Joseph F. Keany for respondent.

Judgment affirmed, with costs, on authority of Peterson v. Ocean Electric Ry. Co. ( 214 N. Y. 43 ).

Concur: Willard Bartlett, Ch. J., Hiscock, Collin, Cuddeback, Hogan and Cardozo, JJ. Seabury, J., dissents on the ground that the plaintiff’s wife was not, as matter of law, guilty of contributory negligence.

Cases cited

Peterson v. Ocean Electric Railway Co. 214 N. Y. 43 N.Y. 1915-01-26 p. 605