Ullmann v. the Long Island Railroad Company
Flora Ullmann, Appellant, v. the Long Island Railroad Company, Respondent
Ullmann v. the Long Island R.R. Co., 130 N.E. 888 (N.Y. 1920)
Headnotes
Negligence — railroads — injury from fall at crossing — insufficiency of evidence to show negligence on part of railroad.
Summary
Appeal from a judgment entered December 16, 1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff while crossing defendant’s railroad at the Lincoln avenue crossing, Rockaway Beach, according to her testimony, caught her foot in a hole in the planking and fell receiving the injuries complained of. The Appellate Division directed a dismissal of the complaint on the ground that the evidence was insufficient to show negligence on the part of the defendant.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Judgment affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Chase, Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ.
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