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CABRI v. LONG ISLAND RAIL RD. CO.

306 N.Y. 765 (1954)

Eleanor Cabri, Individually and as Administratrix of The Estate of Eugene Cabri, Deceased, Respondent, v. Long Island Rail Road Company et al., Appellants.

Court of Appeals of the State of New York.

Decided February 25, 1954

Attorney(s) appearing for the Case

William F. McNulty, Richard R. Bongartz and William J. O'Brien for Long Island Rail Road Company, appellant.

George W. Percy for Town of Southampton, appellant.

Bernard Meyerson, Henry M. Zaleski and Frank A. Jablonka for respondent.

Concur: CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ. Dissent: LEWIS, Ch. J., and VAN VOORHIS, J.

Judgment affirmed, with costs; no opinion.

LEWIS, Ch. J., and VAN VOORHIS, J., dissent in the following memorandum.

In our view the judgment appealed from should be reversed and the complaint dismissed upon the ground that plaintiff's intestate was guilty of contributory negligence as a matter of law (Wadsworth v. Delaware, L. & W. R. R., 296 N.Y. 206, 212; Crough v. New York Central R. R. Co., 260 N.Y. 227; Schrader v. New York, C. &...

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