Liebowitz v. Long Island Railroad Company

Full title: PHILIP LIEBOWITZ, Respondent, v . THE LONG ISLAND RAILROAD COMPANY…

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

Date published: Feb 1, 1916

172 App. Div. 949 (N.Y. App. Div. 1916)

Opinion

February, 1916.

LAUGHLIN, J.:

For the reasons given in Liebowitz v. Long Island R.R. Co. ( ante, p. 949), 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. Clarke, P.J., concurred. Smith, J., concurred, 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., dissented and voted for affirmance. Judgment and order reversed and new trial ordered, with costs to appellant to abide event.