McHENRY v. LONG ISLAND RAIL RD. CO.


21 A.D.2d 833 (1964)

Frances McHenry et al., Respondents, v. Long Island Rail Road Company, Appellant

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

June 29, 1964


Judgment and order affirmed, with one bill of costs.

No opinion.

Ughetta, Acting P. J., and Hill, J., dissent and vote to reverse the judgment and to dismiss the complaint, with the following memorandum:

In our opinion, plaintiffs failed to establish a prima facie case; they failed to show freedom from contributory negligence or actionable negligence on the part of the defendant (cf. White v. Lehigh Val. R. R. Co., 220 N.Y. 131; Goldstein...

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