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Liebowíitz v. Long Island Railroad

157 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1916-02-25 English

Decision Majority — LAUGHLIN, J. · Concurring — SMITH, J.,

Contents
p. 1132
Philip LIEBOWÍITZ, Respondent, v. The LONG ISLAND RAILROAD COMPANY, Appellant.
(Supreme Court, Appellate Division, First Department.
February 25, 1916.)

Headnote

Appeal from Trial Term, New York County.

For the reasons given in Max Liebowitz against this defendant, supra, decided herewith, I am of opinion that the judgment and order appealed from should be reversed, and a new trial ordered, with costs to the appellant to abide the event. Order filed.

CLARKE, P. J., concurs.’

concurs, being further of the opinion that the proof of the defendant’s negligence was not sufficient to go to the jury.

DOWLING and DAVIS, JJ., dissent, and vote for affirmance.