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Coger v. Long Island Railroad

296 N.Y. 978 Court N.Y. Decision date 1947-04-17 English

Contents

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p. 978
Jennie B. Coger, an Infant, by Jerry Coger, Her Guardian ad Litem, et al., Appellants, v. Long Island Railroad Company, Respondent.
Argued February 27, 1947;
decided April 17, 1947.
p. 979
Harvey 1. Harris and Jeannette 8. Dolgin for appellants.
Ralph E. Hemstreet and Louis J. Carruthers for respondent.

Judgments reversed and a new trial granted, with costs to abide the event, on the ground that the record presents jury questions as to negligence and contributory negligence. Plaintiffs were not trespassers as matter of law. (Zambardi v. South Brooklyn Ry. Co., 281 N. Y. 516 .) No opinion.

Concur: Loughban, Ch. J., Conway, Desmond, Thacheb, Dye and Ftjld, JJ. Dissenting: Lewis, ,J.

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