Komisar v. Hochberg — 248 N.Y. 653

Majority

p. 653

Philip Komisar, Respondent, v. Louis Hochberg, Defendant, and Richmond Light and Railroad Company, Appellant. William Cohen, Respondent, v. Louis Hochberg, Defendant, and Richmond Light and Railroad Company, Appellant. (Two actions.) Ruth Cohen, Respondent, v. Louis Hochberg, Defendant, and Richmond Light and Railroad Company, Appellant. Philip Meyer, as Administrator of the Estate of Jennie Meyer, Deceased, Respondent, v. Louis Hochberg, Defendant, and Richmond Light and Railroad Company, Appellant. Philip Komisar, as Administrator of the Estate of Anna Komisar, Deceased, Respondent, v. Louis Hochberg, Defendant, and Richmond Light and Railroad Company, Appellant.

Headnote

Negligence — railroads • — • motor vehicles — collision between automobile and trolley car — action to recover for injuries and death of passengers in automobile.

Komisar v. Hochberg (2 cases), 223 App. Div. 755 , affirmed.

Cohen v. Hochberg (3 cases), 223 App. Div. 755 , affirmed.

Meyer v. Hochberg, 223 App. Div. 755 , affirmed.

(Argued June 21, 1928;

decided July 19, 1928.)

Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 27, 1928, affirming a judgment in favor of plaintiff entered upon a verdict. The actions were to recover damages for injuries sustained by the several plaintiffs or their intestates in a single accident alleged to have been caused by the negligence of the defendant railroad company and Hochberg. The defendant Hochberg, while driving an automobile in which the various plaintiffs or their intestates were passengers along Richmond Terrace in Staten Island, turned onto the tracks of defendant railroad com

p. 654

pany and came into collision with a trolley car approaching from the opposite direction, causing the death of two of the passengers and injuries to the remainder.

Abel E. Blackmar and Bertram, G. Eadie for Richmond Light and Railroad Company, appellant.

Moses Feltenstein for respondents.

Judgment in each action affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Crane, J.