Legal Opinion

Cataldo v. Long Island Rail Road

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

Decided April 29, 1946Published

1Opinion of the Court

In an action to recover damages for personal injuries suffered by reason of defendant’s alleged negligence, plaintiff had a verdict. From the judgment entered thereon, and from an order denying a motion to set aside the verdict and for a new trial, defendant appeals. Judgment reversed on the law and the facts and a new trial granted, with costs to abide the event. Appeal from order dismissed, without costs. The verdict in favor of plaintiff is contrary to the weight of the credible evidence. We are also of opinion that the trial court erred in refusing to grant the motion of defendant, made…

2Cases cited3 opinions

  1. Goldstein v. SchleiferAppellate Division of the Supreme Court of the State of New York · 1924
  2. Kirby v. Brown, Wheelock: Harris, Vought & Co.Appellate Division of the Supreme Court of the State of New York · 1930
  3. Fitzpatrick v. RogersAppellate Division of the Supreme Court of the State of New York · 1925

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