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Greene v. Pennsylvania Railroad Co.

Supreme Court, Appellate Term, First Department
Jan 21, 1960
23 Misc. 2d 894 (N.Y. App. Term 1960)

Opinion

January 21, 1960

Appeal from the City Court of the City of New York, New York County, MARGARET M.J. MANGAN, J.

Conboy, Hewitt, O'Brien Boardman ( James S. Rowen of counsel), for appellant.

Benjamin Bomrind for respondent.


Wanton or willful misconduct entails a reckless disregard of safety or of right or of consequences. Under the circumstances here, the attempted removal by a trainman of a passenger's bag from an overhead baggage rack, at the passenger's request, while the train was moving slowly as it entered the station cannot justly be characterized as "extremely dangerous". Nor does the evidence warrant any of the terms denoting willful or wanton misconduct employed by the court below to fix liability upon defendant for the injury caused to plaintiff when the bag slipped from the trainman's grasp.

The judgment being based upon a finding clearly against the weight of the evidence may not be permitted to stand.

The judgment should be reversed, with costs, and complaint dismissed, with costs.

Concur — HECHT, J.P., AURELIO and TILZER, JJ.

Judgment reversed, etc.


Summaries of

Greene v. Pennsylvania Railroad Co.

Supreme Court, Appellate Term, First Department
Jan 21, 1960
23 Misc. 2d 894 (N.Y. App. Term 1960)
Case details for

Greene v. Pennsylvania Railroad Co.

Case Details

Full title:HARRIETTE GREENE, Respondent, v. PENNSYLVANIA RAILROAD COMPANY, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Jan 21, 1960

Citations

23 Misc. 2d 894 (N.Y. App. Term 1960)
200 N.Y.S.2d 697