Hyperlawhypertext legal databasebeta Carlson v. Long Island Rail Road 12 N.Y.2d 984

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Carlson v. Long Island Rail Road

12 N.Y.2d 984 Court N.Y. Decision date 1963-02-21 English

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Majority

p. 984
Dorothy Carlson, as Administratrix of the Estate of August W. Carlson, Deceased, Appellant, v. Long Island Rail Road, Respondent.
Argued January 10, 1963;
decided February 21, 1963.
p. 986
Benjamin 3". Biff and Maxwell M. Booxbaum for appellant.
William F. McNulty and William Beasley for respondent.

Judgment affirmed, without costs; no opinion.

Concur: Judges Dye, Van Voorhis, Burke and Foster. Chief Judge Desmond and Judges Fuld and Scileppi dissent and vote to reverse and to reinstate the judgment of Trial Term upon the ground that the doctrine of last clear chance applies.