WARNER v. NEW YORK CENT. R.R CO.


43 Misc.2d 848 (1964)

Clarence J. Warner, Plaintiff, v. New York Central Railroad Company, Defendant.

Supreme Court, Special Term, New York County.

May 14, 1964


Attorney(s) appearing for the Case

Haskell R. Barst and I. Henry Simon for plaintiff. Gerald E. Dwyer for defendant.


THOMAS C. CHIMERA, J.

Plaintiff moves for dismissal of the first separate defense upon the ground that it does not state a legal defense. Plaintiff, an employee of the defendant, sustained injuries while on the defendant's property and has brought this action in negligence to recover the damage sustained. The defense is to the effect that plaintiff was traveling upon a free pass voluntarily issued and containing thereon an agreed release and exemption...

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