LATOURELLE v. NEW YORK CENT. R. R. CO.


301 N.Y. 103 (1950)

Robert J. Latourelle, as Administrator of The Estate of Margaret C. Latourelle, Deceased, Appellant, v. New York Central Railroad Company, Respondent.

Court of Appeals of the State of New York.

Decided May 26, 1950


Attorney(s) appearing for the Case

Paul F. Donohue and William J. Sullivan for appellant.

Charles E. Nichols for respondent.

CONWAY, DESMOND and DYE, JJ., concur with LOUGHRAN, Ch. J.; FULD, J., dissents in opinion in which LEWIS and FROESSEL, JJ., concur.


LOUGHRAN, Ch. J.

In this action for wrongfully causing the death of the plaintiff's decedent, the Trial Judge, after all the proof was in, withdrew the case from the jury and dismissed the complaint because in his opinion (1) the decedent's death was clearly the result of her failure to use ordinary care for her own safety and (2) there was in any event no evidence of negligence of the defendant railroad company...

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