McDOUGALL v. LEHIGH VAL. R.R. CO.


21 Misc.2d 946 (1959)

Elizabeth McDougall et al., Plaintiffs, v. Lehigh Valley Railroad Company, Defendant.

City Court of the City of New York, Trial Term, New York County.

July 3, 1959.


Attorney(s) appearing for the Case

Alfred E. Herz and Barnet S. Blume for plaintiff.

Jose R. de Capriles for defendant.


SAMUEL C. COLEMAN, J.

It is unnecessary to pass upon the merits of the plaintiff's claim, although it does seem dubious. For the pass upon which the plaintiff was traveling with the members of her family (in interstate carriage) precludes a recovery, the pass having been received with knowledge that it contained a provision exempting the railroad from liability for negligence. The pass had been issued by the defendant Lehigh Valley Railroad Company to...

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