From Casetext: Smarter Legal Research

PELL v. LONG ISLAND RAILROAD COMPANY

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1916
174 App. Div. 895 (N.Y. App. Div. 1916)

Opinion

June, 1916.


Judgment and order reversed and new trial granted, costs to abide the event, upon the grounds: (a) That the finding imported by the verdict, to the effect that the whistle did not blow, is against the greater weight of the evidence; (b) that the charge was confusing upon certain material points, viz., in charging, in effect, that negligence could be found from the absence of a flagman and later that it could not, and in charging in like contradiction as to the question of speed; and (c) that the charge upon the subject of the signboard or post was erroneous. It is to be noted that the response to the thirty-fourth request to charge was in effect to grant it, viz.: "I have already charged this proposition." Jenks, P.J., Mills and Putnam, JJ., concurred; Thomas and Stapleton, JJ., voted to affirm.


Summaries of

PELL v. LONG ISLAND RAILROAD COMPANY

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1916
174 App. Div. 895 (N.Y. App. Div. 1916)
Case details for

PELL v. LONG ISLAND RAILROAD COMPANY

Case Details

Full title:ELIZABETH WARDEN PELL, Administratrix, etc., of SAMUEL OSGOOD PELL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1916

Citations

174 App. Div. 895 (N.Y. App. Div. 1916)