1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 14 A.D.2d
  5. 14 A.D.2d 573 (1961)
 

LONG ISLAND RAIL RD. CO. v. MARTINEK TRUCKING CORP.

14 A.D.2d 573 (1961)

Long Island Rail Road Company, Respondent, and Helen Born, as Administratrix of The Estate of John J. Hagermann, Deceased, Appellant, v. Martinek Trucking Corporation, Appellant, and Long Island Rail Road Company, Respondent

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

July 11, 1961

Judgment affirmed, with costs.

No opinion.

Pette, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

In my opinion, the testimony of the administratrix' witness Cobb that he did not hear the train whistle sounded for the crossing and that he would have heard it if it had been sounded, coupled with the testimony of the locomotive engineer, an interested witness called by the administratrix...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases