Legal Opinion

Garemchuk v. Long Island Railroad

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

Decided July 7, 1939PublishedCited by 1 opinion

1Opinion of the CourtHagarty, J.

The plaintiff, as administratrix, brings this action to recover damages for injuries sustained by her intestate, resulting in death, due to the alleged negligence of the defendant in the operation of one of its trains. From the judgment entered in her favor the defendant appeals.

The undisputed facts are that on the evening of the 14th day of January, 1938, at about dusk, the decedent was driving his automobile in a westerly direction between Bay Shore and Babylon, Long Island, along a public highway which parallels the defendant’s right of way. A light snow had fallen and the pavement was…

2Cases cited5 opinions

  1. Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
  2. Lee v. Pennsylvania R.R. Co.New York Court of Appeals · 1935
  3. O'Brien v. . Erie R.R. Co.New York Court of Appeals · 1913
  4. Albrecht v. Rochester, Syracuse & Eastern RailroadNew York Court of Appeals · 1912
  5. Caledonian Insurance v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1927

3Cited by1 opinion

  1. Tullish v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1951

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