Legal Opinion

Carpino v. Baker

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

Decided January 30, 1979PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Fein, J.

Plaintiff appeals from a judgment granting defendants’ motion to dismiss the complaint following a jury trial in this action to recover damages for the wrongful death and pain and suffering of decedent, who was struck by a train owned and operated by defendants on December 19, 1972 at 5:50 p.m. in the vicinity of 241st Street, in The Bronx. The four-car train was a southbound, "deadhead express”, bound for Grand Central Station, after having discharged all passengers at' the New Rochelle station. The accident occurred approximately five miles from the station.…

2Cases cited13 opinions

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. Schechter v. KlanferNew York Court of Appeals · 1971
  3. Swensson v. New York, Albany Despatch Co.New York Court of Appeals · 1956
  4. Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
  5. Zambardi v. South Brooklyn Railway Co.New York Court of Appeals · 1939

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Juiditta v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  2. De Leon v. New York City Transit AuthorityNew York Court of Appeals · 1980
  3. Leiching v. Consolidated Rail Corp.District Court, N.D. New York · 1995
  4. Bowen v. National Railroad Passenger Corp.District Court, N.D. New York · 2005
  5. Carpino v. BakerAppellate Division of the Supreme Court of the State of New York · 1980

4 more not listed; retrieve them via the Exa API.

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