Litter v. Long Island Rail Road

In this action, submitted to the court on an agreed stipulation of facts, the ultimate question to be decided is whether the plaintiff has an actionable cause against the defendant railroad. If the determination of the court is affirmative, an assessment of damages will be directed, at which time the provisions of the agreed stipulation will be applied. Conversely, if the determination is negative, the complaint must be dismissed, and that which is contained in the stipulation will abate.

Although most of the issues in this dispute can be resolved by the application of fairly established…