Kline v. Long Island Railroad

Hopkins, J.,

dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum: In my opinion, dismissal of the complaint on the opening statement of counsel was premature. On a motion to dismiss the complaint upon plaintiff’s opening, all the facts referred to in the opening should be considered, and given a liberal interpretation (Clews v. Bank of N. Y. Nat. Banking Assn., 105 N. Y. 398, 404; Katz v. City of New York, 162 App. Div. 132, 133-134). “ Unless it is obvious that under no circumstances and in no view of testimony that might be adduced can the…