Legal Opinion
Merriman v. Baker
New York Court of Appeals
Decided June 12, 1974PublishedCited by 5 opinions
1Opinion of the CourtStevens, J.
These are cross appeals from an order of the Appellate Division which affirmed a judgment in favor of plaintiffs (two Justices dissenting). Plaintiffs cross-appeal solely on the ground that the damages awarded are inadequate. Since the dissent in the Appellate Division was not on a question of law in favor of plaintiffs, the cross appeal does not lie as of right (CPLR 5601, subd. [a], par. [i]).
The infant plaintiff, Christine Carrico, aged 20 at the time, and one Thomas F. Hawley, were walking on the abandoned passenger platform of defendant Penn Central Transportation Company (Penn Central)…
2Cases cited5 opinions
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Zambardi v. South Brooklyn Railway Co.New York Court of Appeals · 1939
- Gleason v. Central New England Railway Co.New York Court of Appeals · 1933
- Lederman v. New York City Transit AuthorityNew York Supreme Court · 1962
- Waters v. Long Island Rail RoadNew York Supreme Court · 1966
3Cited by5 opinions
- Juiditta v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Bowen v. National Railroad Passenger Corp.District Court, N.D. New York · 2005
- Pattison v. Metropolitan Transportation AuthorityNew York Supreme Court · 1986
- Basso v. MillerNew York Court of Appeals · 1976
- Iannotti v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1988