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Joseph v. Pennsylvania Railroad

12 N.Y.2d 1056 Court N.Y. Decision date 1963-03-28 English

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p. 1056
Edward M. Joseph, Appellant, v. Pennsylvania Railroad Company, Respondent.
Argued February 26, 1963;
decided March 28, 1963.
p. 1057
David M. Schlossberg for appellant.
Edward F. Butler for respondent.

Judgment affirmed, without costs, in the following memorandum : On this record plaintiff had a fair and impartial trial and reasonable advance notice of the charges. We pass upon no other question. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fund, Burke, Foster and Scileppi. Judge Van Voorhis concurs in result only upon the ground that a cause of action for damages under these circumstances does not lie.