From Casetext: Smarter Legal Research

Piacentino v. Long Island Rail Road Company

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 1961
12 A.D.2d 923 (N.Y. App. Div. 1961)

Opinion

February 28, 1961


Judgment in favor of plaintiffs in this death action, unanimously reversed, on the law, on the facts and in the exercise of discretion, the verdicts as modified vacated, and a new trial ordered, with costs to abide the event. The verdict was contrary to the weight of the evidence, it not appearing that the witness Libertoff was so situated that in the ordinary course of events he would have heard any warning signal originating from the train (cf. Latourelle v. New York Cent. R.R. Co., 301 N.Y. 103, 108). Some members of the court believe the amounts of the verdicts as modified were excessive, but it is not necessary to reach that question.

Concur — Breitel, J.P., Rabin, Valente, Stevens and Eager, JJ.


Summaries of

Piacentino v. Long Island Rail Road Company

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 1961
12 A.D.2d 923 (N.Y. App. Div. 1961)
Case details for

Piacentino v. Long Island Rail Road Company

Case Details

Full title:LUIGI PIACENTINO, as Administrator of the Estate of RITA SMURRO, Deceased…

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

Date published: Feb 28, 1961

Citations

12 A.D.2d 923 (N.Y. App. Div. 1961)