Legal Opinion

Guernick v. Consolidated Rail Corp.

District Court, S.D. New York

Decided May 8, 1984No. 82 Civ. 6109 (WCC)Published

1Opinion of the Court

OPINION AND ORDER

CONNER, District Judge:

Plaintiff James F. Guernick (“Guernick”) commenced the instant action seeking to recover damages for injuries he allegedly suffered on February 10, 1982 when he slipped and fell on a ramp at the New Hamburg Railroad Station. Guernick contends that defendant Consolidated Rail Corporation (“Conrail”) acted negligently in allowing patches of ice to build up on the ramp, and that this negligence was the proximate cause of his injuries. The case is currently before the Court on Conrail’s motions to interpose an affirmative defense based upon an exculpatory…

2Cases cited7 opinions

  1. New York Central Railroad v. MohneySupreme Court of the United States · 1920
  2. Thompson v. National Railroad Passenger Corp.Court of Appeals for the Sixth Circuit · 1980
  3. Montalbano v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1944
  4. Olsen v. DraperDistrict Court, E.D. New York · 1953
  5. Kroehling v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1946

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