Legal Opinion

Neuberger v. Long Island Railroad

Appellate Division of the Supreme Court of the State of New York

Decided April 23, 1909PublishedCited by 4 opinions

Appeal by the plaintiff, George Reuberger, an infant, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 7th day of November, 1908, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term.

1Opinion of the Court

Jenks, J.:

At the close of her case the plaintiff was dismissed in her action to recover damages for injuries to her infant son Neuberger, aged 8 years, who was run over by the steam railroad train of the defendant. The scene of the accident was in the vicinity of Win-field station. Neuberger lived in the neighborhood and is revealed as a bright boy who could read. The rails of the defendant'were of two sets of tracks — the main line and the North Shoreline. They were laid practically at right angles across Madison avenue, a street to the east of the station, and Fisk avenue, a street to the…

2Cases cited4 opinions

  1. Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
  2. Farmers' Loan & Trust Co. v. Housatonic RailroadNew York Court of Appeals · 1897
  3. Spooner v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
  4. Rosenthal v. New YorkAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by4 opinions

  1. Feldman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
  2. Petur v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
  3. Neuberger v. Long Island R.Appellate Division of the Supreme Court of the State of New York · 1910
  4. Neuberger v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1910

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