U.S. Leasing, Holding v. N.Y. Central and Hudson

Full title: U.S. LEASING AND HOLDING COMPANY, Respondent, v . NEW YORK CENTRAL AND…

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

Date published: Jul 1, 1913

158 App. Div. 875 (N.Y. App. Div. 1913)

Opinion

July, 1913.

Present — Ingraham, P.J., Laughlin, Scott, Dowling and Hotchkiss, JJ.

PER CURIAM:

The plaintiff neither alleged nor proved that the railroad was operated negligently or unreasonably. There is no finding of negligent or unreasonable use. The case is almost identical with Friedman v. N.Y. Harlem R.R. Co. ( 89 App. Div. 38; affd., 180 N.Y. 550). (See, also, McCarty v. Natural Carbonic Gas Co., 189 N.Y. 40.) The judgment should be reversed and complaint dismissed, with costs.

PER CURIAM:

Judgment reversed, with costs, and complaint dismissed, with costs. Order to be settled on notice.