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KLEIN v. LONG ISLAND RAIL RD. CO.

278 A.D. 980 (1951)

Kate Klein, as Administratrix of The Estate of Jacob Klein, Deceased, Respondent, v. Long Island Rail Road Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 25, 1951.

Judgment affirmed, with costs. (Noseworthy v. City of New York, 298 N.Y. 76.)

Nolan, P. J., dissents and votes to reverse the judgment and to dismiss the complaint, with the following memorandum:

In my opinion the circumstances surrounding the accident and its cause are left entirely to conjecture, and the facts established are not sufficient to justify an inference that the accident was caused by appellant...

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