Read v. New York Central & Hudson River Railroad

Majority

p. 660

Sarah C. L. Read, as Executrix of Frank B. Read, Deceased, Appellant, v. New York Central and Hudson River Railroad Company, Respondent.

Headnote

Read v. IV". Y. C. & H. R. R. R. Co., 165 App. Div. 910 , affirmed.

(Argued December 4, 1916;

decided December 28, 1916.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in .the first judicial department, entered February 6, 1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the

p. 661

defendant. The deceased received the injuries resulting in his death in a collision between an automobile in which he was riding and one of defendant’s trains at a highway crossing of defendant’s railroad in Van Oortlandt park, New York city.

Stephen C. Baldwin, George W. Weiffenbach and Charles E. Mahony for appellant.

Robert A. Kutschbock and Charles C. Paulding for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hisoock, Chase, Collin, Cuddeback and Hogan, JJ. Dissenting: Pound, J. Absent: Willard Bartlett, Oh. J.