ROGERS v. LONG IS. R. R.


29 A.D.2d 47 (1967)

George A. Rogers, Respondent, v. Long Island Rail Road Company, Appellant

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

December 21, 1967.


Attorney(s) appearing for the Case

William A. Blank of counsel (Robert Zicklin with him on the brief; George M. Onken, attorney), for appellant.

Daniel Ross of counsel (Sobel, Ross & Fliegel, attorneys), for respondent.

EAGER, J. P., RABIN and WITMER, JJ., concur in Per Curiam opinion; STEUER and McNALLY, JJ., dissent in opinion.


Per Curiam.

This is an appeal by defendant from a plaintiff's judgment, entered upon a jury verdict, in an action by a passenger to recover for injuries sustained while he was alighting from defendant's train at a station stop. The plaintiff testified that, as the train approached the station, the conductor, after announcing the stop, opened the door to the platform and the platform trap-door guarding the steps; that...

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