MARINCIC v. LONG ISLAND RAIL RD. CO.


20 N.Y.2d 676 (1967)

Irene Marincic, as Administratrix of The Estate of Emil Marincic, Deceased, Respondent, v. Long Island Rail Road Company, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1967.


Attorney(s) appearing for the Case

Reid A. Curtis and George M. Onken for appellant.

Samuel J. Sussman and Herman E. Hoberman for respondent.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, KEATING and BREITEL. Judges SCILEPPI and BERGAN dissent and vote to reverse and to dismiss the complaint upon the ground that no actionable negligence has been established against defendant railroad.


Order affirmed, with costs. (See Davis v. Long Is. R. R. Co., 301 N.Y. 450

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