Majority
p. 676Irene Marincic, as Administratrix of the Estate of Emil Marincic, Deceased, Respondent, v. Long Island Rail Road Company, Appellant. Argued May 22, 1967; decided June 15, 1967.
p. 677
Reid A. Curtis and George M. Onken for appellant.
Samuel J. Sussman and Herman E. Hoberman for respondent.
Order affirmed, with costs. (See Davis v. Long Is. R. R. Co., 301 N. Y. 450 .) No opinion.
Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Keating and Breitel. Judges Scileppi and Bergan dissent and vote to reverse and to dismiss the complaint upon the ground that no actionable negligence has been established against defendant railroad.
Cases cited
- Davis v. Long Island Rail Road 301 N. Y. 450 p. 677